Public official

Notion(s) Filing Case
Appeal Judgement - 28.02.2005 KVOČKA et al.

284. The Appeals Chamber will next consider whether or not the Trial Chamber committed an error of law in not requiring that the crime of torture be committed by a public official or, in the case of a plurality of perpetrators, that at least one of the persons involved in the torture process be a public official. This question was resolved by the Appeals Chamber in the Kunarac Appeal Judgement. In that case, the Appeals Chamber concluded that the Kunarac Trial Chamber was correct to take the position that the public official requirement was not a requirement under customary international law in relation to the criminal responsibility of an individual for torture outside of the framework of the Torture Convention.[1] The Appeals Chamber in the present case reaffirms that conclusion. […].

[1] Kunarac et al. Appeal Judgement, para. 148.

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ICTR Statute Article 3(f) ICTY Statute Article 5(f)