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International Crimes and the Ad Hoc Tribunals$
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Guénaël Mettraux

Print publication date: 2006

Print ISBN-13: 9780199207541

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199207541.001.0001

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Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute

Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute

Chapter:
(p.311) 22 Convictions Under Articles 7(1) and 7(3) of the ICTY Statute and Articles 6(1) and 6(3) of the ICTR Statute
Source:
International Crimes and the Ad Hoc Tribunals
Author(s):

Guénaél Mettraux

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199207541.003.0022

If the conditions of liability required by both Articles 7(1)/6(1) and 7(3)/6(3) of the statutes of the ad hoc tribunals for the former Yugoslavia and for Rwanda, respectively, are met, could the accused then be found responsible for taking part in the commission of this crime as well as failing in his duty to prevent or punish it? While Articles 7(1)/6(1) sanction an individual’s involvement in the commission of a crime, Articles 7(3)/6(3) punish the superior’s failure to fulfil his obligations as a commander which are specifically placed upon any superior or commander. In order to show the totality of his guilt while not convicting him twice for the same acts, the appeals chamber said that an accused who meets the requirements of both Article 7(1) and Article 7(3) of the statute for the Yugoslav tribunal should be convicted pursuant to Article 7(1) whilst his position as a superior should be regarded as an aggravating factor for sentencing.

Keywords:   statutes, aggravating factors, convictions, command obligations

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