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A Synopsis of the Problematic Jurisprudence of the Trial and Appeal Chambers of the ICTR

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Chapter Summary

This chapter discusses the erroneous construction of instigation as a mode of participation in crimes against humanity under Article 6(1) and how it becomes a legal puzzle in cases where there is a confluence between instigation as a mode of participation under Article 6(1) and direct and public incitement to commit genocide being an inchoate crime under Article 2(3)(c). Author outlines why he considers that the Trial and Appeal Chambers of ICTR have erred in their construction of Article 6(1) and instigation as one of its modes in particular. The purpose is to fix this area of the law by identifying lapses in current jurisprudence on instigation and making it better by analysing the wording of Article 6(1). This is done through a strict construction of Article 6(1), an examination of cases which the Trial Chambers of ICTR have adjudicated, and consultation of academic writers on the subject of instigation.

Keywords:Article 2(3)(c); Article 6(1); ICTR; problematic jurisprudence; Trial and Appeal Chambers



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