No requirement to share the subordinates' intent
|Appeal Judgement - 14.12.2011||
BAGOSORA et al. (Military I)
384. The Appeals Chamber recalls that, for a conviction as a superior pursuant to Article 6(3) of the Statute, it is not necessary for an accused to have had the same intent as the perpetrator of the criminal act; it suffices to prove that the accused knew or had reason to know that the subordinate was about to commit such act or had done so. The Trial Chamber was therefore not required to establish that Nsengiyumva shared his subordinates’ intent to find that he could be held responsible as a superior. It follows that the Trial Chamber did not err in finding that Nsengiyumva was liable as a superior without considering evidence suggesting that he might not have had such intent.
 Nahimana et al. Appeal Judgement, para. 865.
|ICTR Statute Article 6(3) ICTY Statute Article 7(3)|