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Chapter Summary

This introduction chapter of the book, which examines the letter of Article 6(1), the jurisprudence of both the Trial and Appeal Chambers and the unprecedented definition of crimes against humanity as expressed in Article 3 of the Statute of the ICTR, and the definitional elements which suggest the existence of a joint criminal enterprise for planning or execution of crimes. Author argues that given the wording of Article 6(1) and the definitional elements of crimes against humanity, the Trial and Appeal Chambers’ requirement of a substantial contribution for criminal responsibility to be imposed is wrong. Any of the modes of participation, as long as it led to any of the stages of the crimes, should lead to the imposition of criminal responsibility. It is necessary to avoid the mistakes of Trial and Appeal Chambers of the ICTR by fixing the construction of the wording of the Rome Statute of ICC.

Keywords:Article 6(1); ICC; ICTR; jurisprudence; Rome Statute; Trial and Appeal Chambers



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