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Beyond the Statute of the ICTR: Instigation as a Mode of Participation in Crimes against Humanity

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Chapter Summary

Instigation is a mode of participation in international crimes. The critique of the jurisprudence of the Trial and Appeal Chambers of the ICTR, even though it comes at a time when the Tribunal (ICTR) is about to wind-down, is of immense value for the future of international criminal justice. As established by the jurisprudence of both the Trial and Appeal Chambers, criminal responsibility would be imposed under Article 6(1) only where the accused’s mode of participation substantially contributes to the commission of a crime over which the ICTR has jurisdiction. On the other hand, direct and public incitement to commit genocide exists as an inchoate crime. Author extrapolated the approach the Trial and Appeal Chambers took in construing these Articles. He argues and critiqued their construction of Article 6(1): the substantial contribution requirement is the result of an erroneous understanding and construction of Article 6(1).

Keywords:crimes against humanity; ICTR; instigation; jurisprudence; Trial and Appeal Chambers



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