No authority requirement

Notion(s) Filing Case
Appeal Judgement - 21.05.2007 MUHIMANA Mikaeli

189. […] For an accused to be convicted of abetting an offence, it is not necessary to prove that he had authority over the principal perpetrator.[1]

190. […] In the Semanza Appeal Judgement, the Appeals Chamber reached a similar conclusion in respect of an “influential” accused who encouraged the rape of Tutsi women by giving “permission” to rape them.[2] […]

[1] Cf. Semanza Appeal Judgement, para. 257 (referring to instigation).

[2] Semanza Appeal Judgement, paras. 256, 257, quoting Semanza Trial Judgement, para. 478.

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