Inference of knowledge

Notion(s) Filing Case
Reasons for Decision on Refusal to Order Joinder - 18.04.2002 MILOŠEVIĆ Slobodan
(IT-99-37-AR73, IT-01-50-AR73, IT-01-51-AR73)

31. A person’s state of mind is no different to any other fact concerning that person which is not usually visible or audible to others. It may be established by way of inference from other facts in evidence. Where, as here, the state of mind to be established is an essential ingredient of the basis of criminal responsibility charged, the inference must be established beyond reasonable doubt. If there is any other inference reasonably open from the evidence which is consistent with the innocence of the accused, the required inference will not have been established to the necessary standard of proof. Any words of or conduct by the accused which point to or identify a particular state of mind on his part is relevant to the existence of that state of mind. It does not matter whether such words or conduct precede the time of the crime charged, or succeed it. Provided that such evidence has some probative value, the remoteness of those words or conduct to the time of the crime charged goes to the weight to be afforded to the evidence, not its admissibility. [...]

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Notion(s) Filing Case
Appeal Judgement - 27.09.2007 LIMAJ et al.
(IT-03-66-A)

218. The Appeals Chamber notes that other Trial Chambers have held that an accused’s proximity to an area of criminal activity can be a factor from which an accused’s knowledge of the crimes can be inferred.[1] However, in this case, the Appeals Chamber finds that the Trial Chamber reasonably refused to find that the alleged occasional presence of Fatmir Limaj in the immediate proximity of the Llapushnik/Lapušnik prison camp during and after the battle of 29 May 1998, and at one oath ceremony in June-July 1998,[2] proved his knowledge of the existence of the prison camp or his participation in it.

[1] See Blagojević and Jokić Trial Judgement, paras 483, 748; Aleksovski Trial Judgement, para. 80; Bagilishema Trial Judgement, para. 925.

[2] Trial Judgement, paras 569 and 591; Ruzhdi Karpuzi, T. 3096-3104 (7.2.2005), T. 3175-3176 (8.2.2005) (he testified about one oath ceremony in the yard of Bali’s house at the end of June-early July); Zeqir Gashi, T. 5618 (11.4.2005) (he testified about one oath ceremony somewhere in Llapushnik/Lapušnik); Witness L64, T. 4386 (15.3.2006), T. 4420-4421 (16.3.2005) (he testified about two oath ceremonies in early June/mid-June near the kitchen of HQ2 which is “Vojvoda’s” ‑ or Gzim Gashi’s, a.k.a. “Gzim Vojvoda” ‑ compound according to Trial Judgement, para. 693. See also Trial Judgement, para. 714 and Ruzhdi Karpuzi, T. 3091 (7.2.2005).

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Notion(s) Filing Case
Appeal Judgement - 29.09.2014 KAREMERA & NGIRUMPATSE
(ICTR-98-44-A)

630.   The Appeals Chamber recalls that an individual’s high-ranking position, coupled with the open and notorious manner in which criminal acts unfold, can provide a sufficient basis for inferring knowledge of the crimes.[1] […]

[1] See, e.g., Ntabakuze Appeal Judgement, para. 253.

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