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The Substantial Contribution Requirement: The Unfortunate Outcome of an Illogical Construction and Incorrect Understanding of Article 6(1) of the Statute of the ICTR

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image of International Criminal Law Review

The jurisprudence of the Trial Chambers of the International Criminal Tribunal for Rwanda (ICTR) requires that criminal responsibility under Article 6(1) of the Statute of the ICTR can only be imposed where an individual’s participation substantially contributed to any of the crimes over which the ICTR has jurisdiction. Given the fact that instigation is one of the modes of participation under Article 6(1), I argue that this requirement is the outcome of a poor understanding and illogical construction of Article 6(1). This problem has been compounded by the inclusion of the crime of direct and public incitement to genocide under Article 2(3)(c) of the Statute.

Affiliations: 1: School of Law, University of the Witwatersrand, Johannesburg, Gauteng, South Africa


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