Genocidal plan

Notion(s) Filing Case
Appeal Judgement - 18.03.2010 NCHAMIHIGO Siméon

363. The Appeals Chamber recalls that proof of the existence of a “high level genocidal plan” is not required in order to convict an accused of genocide[1] or for the mode of liability of instigation to commit genocide.[2] Accordingly, the Appeals Chamber finds no error on the part of the Trial Chamber in considering as unnecessary proof of a nexus between the Appellant’s crimes and a national campaign.

[1] See Semanza Appeal Judgement, para. 260. See also Simba Appeal Judgement, para. 260.

[2] See Nahimana et al. Appeal Judgement, para. 480. 

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Notion(s) Filing Case
Appeal Judgement - 04.12.2001 KAYISHEMA & RUZINDANA

138.    […] [The Trial Chamber] further opined (and the Appeals Chamber agrees) that even though a genocidal plan is not a constituent element of the crime of genocide, the existence of such a plan would be strong evidence of the specific intent requirement for the crime of genocide.[1]

[1] Ibid. [Trial Judgment], para. 276.

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ICTR Statute Article 2 ICTY Statute Article 4