No authority requirement » ICTR/ICTY/IRMCT Case Law Database

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Introduction

The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.

It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions.

Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “Basic Search” page. In addition, refined searches in all fields of the database can be conducted through the “Advanced Search” feature.

Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. For exact numbering of footnotes, refer to full documents.

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No authority requirement

Notion(s)	Filing	Case
Aiding and abetting \| No authority requirement	Appeal Judgement - 21.05.2007	MUHIMANA Mikaeli (ICTR-95-1B-A)
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] […] show footnotes [1] Cf. Semanza Appeal Judgement, para. 257 (referring to instigation). [2] Semanza Appeal Judgement, paras. 256, 257, quoting Semanza Trial Judgement, para. 478. Download full document		ICTR Statute Article 6(1) ICTY Statute Article 7(1)