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Critiquing the Trial and Appeal Chambers’ Construction of Instigation to Crimes against Humanity under Article 6(1) of the Statute of the ICTR

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Chapter Summary

This Chapter looks at the imposition of criminal responsibility under Article 6(1) under the Statute of the ICTR. This is followed by an examination of instigation under the Statute of the ICTR. Author looks at the confluence between Articles 6(1) and 2(3)(c), developed by the Trial Chamber in the case of Kalimanzira. He lays emphasis on the ‘Kalimanzira Principles’, which became a major step in resolving this puzzle, yet, remain fundamentally flawed. He argues that joint criminal enterprise approach, would have been much better and effective in situating instigators within the context of instigating any or all of the crimes over which the Tribunal has jurisdiction. It makes it unnecessary to require a substantial contribution before criminal responsibility can be imposed given the fact that instigators fit within the framework of a joint criminal enterprise, and cause the planning, preparation or execution of the crimes they agree to commit.

Keywords:Article 6(1); crimes against humanity; ICTR; Instigation; joint criminal enterprise; Kalimanzira principles; Trial and Appeal Chamber



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