State policy

Notion(s) Filing Case
Appeal Judgement - 30.01.2015 POPOVIĆ et al.

430. In holding that the crime of genocide does not require the existence of a State policy, the Trial Chamber relied on, inter alia, the Krstić, Jelisić, and Kayishema and Ruzindana Appeal Judgements.[1] […] In the Jelisić Appeal Judgement, the Appeals Chamber held that “the existence of a plan or policy is not a legal ingredient of the crime”,[2] while in Kayishema and Ruzindana the ICTR Appeals Chamber stated that “a genocidal plan is not a constituent element of the crime of genocide”.[3] Although these judgements do not explicitly address the issue of State policy, the Appeals Chamber considers that if a policy is not a legal requirement, it follows that State policy cannot be a legal requirement. Thus, the question of whether the existence of a State policy is required for the crime of genocide has already been considered by the Tribunal.

[1]           [Popović et al.] Trial Judgement, paras 828-830.

[2]           Jelisić Appeal Judgement, para. 48.

[3]           Kayishema and Ruzindana Appeal Judgement, para. 138.

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