Insufficient findings

Notion(s) Filing Case
Appeal Judgement - 01.04.2011 RENZAHO Tharcisse

320. The Appeals Chamber further notes that the conclusion that Renzaho gave an order to kill at roadblocks is, standing alone, an insufficient basis to find that Renzaho is criminally responsible under Article 6(1) of the Statute for ordering any such killings. In the present case, the Trial Chamber made no findings concerning when or where Renzaho gave the order,[1] to whom or to what category of perpetrators he gave the order,[2] and whether Renzaho was in a position of authority vis-à-vis the recipient.[3] The Appeals Chamber recalls that a Trial Chamber is required to provide clear, reasoned findings of fact as to each element of the crime charged.[4] Taken together, the paucity of findings in relation to the conclusion that Renzaho ordered killings at roadblocks convinces the Appeals Chamber, Judge Pocar dissenting, that the Trial Chamber erred in failing to provide a reasoned opinion. 

[1] Cf. D. Milošević Appeal Judgement, para. 267.

[2] Cf. Boškoski and Tarčulovski Appeal Judgement, para. 75.

[3] See Kamuhanda Appeal Judgement, para. 75.

[4] Kajelijeli Appeal Judgement, para. 60; Kordić and Čerkez Appeal Judgement, para. 383.

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ICTR Statute Article 6(1) ICTY Statute Article 7(1)