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The Constituent Elements of Crimes Against Humanity under the Statute of the ICTR

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Chapter Summary

This chapter examines crimes against humanity under the Statute of the International Criminal Tribunal for Rwanda (ICTR). It focuses on the key definitional elements which reveal the unique nature of this crime: crimes against humanity require a joint criminal enterprise for their planning, preparation or execution. The jurisprudence of both Trial and Appeal Chambers of the ICTR establishes that criminal responsibility under Article 6(1) can be imposed only when it is proved that the accused’s mode of participation contributed to the commission of the crimes over which the ICTR has jurisdiction. The essence of synoptic examination of the evolution of crimes against humanity is to show that before the Statute of the ICTR, crimes against humanity existed as a crime in international law. It also unearths the different formulations that were made by different institutions at different times as they tried to define crimes against humanity and its constituent elements.

Keywords:Article 6(1); crimes against humanity; International Criminal Tribunal for Rwanda (ICTR); international law; joint criminal enterprise; jurisprudence; Trial and Appeal Chambers

10.1163/9789004254138_005
/content/books/b9789004254138s005
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