Continuing crimes

Notion(s) Filing Case
Appeal Judgement - 28.11.2007 NAHIMANA et al. (Media case)

317. The Appeals Chamber has held above that the Tribunal may only convict an accused for criminal conduct having occurred in 1994. The existence of continuing conduct is no exception to this rule. Contrary to what the Trial Chamber appears to have held in paragraph 104 of the Judgement, even where such conduct commenced before 1994 and continued during that year, a conviction may be based only on that part of such conduct having occurred in 1994.[1]  Judge Pocar dissents from this finding.

[1] In this respect, see Decision of 5 September 2000, Joint Separate Opinion of Judges Lal Chand Vohrah and Rafael Nieto-Navia, paras. 6,9 and 10.

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ICTR Statute Article 1