No requirement to share the subordinates' intent

Notion(s) Filing Case
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.[1] 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.

[1] Nahimana et al. Appeal Judgement, para. 865.

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ICTR Statute Article 6(3) ICTY Statute Article 7(3)