Prosecutor v. Aleksovski

Case Name: 
Prosecutor v. Aleksovski
IT-95-14/1-A (Appeals Chamber Judgement)
Decision Date: 
March 24, 2000
Key Facts: 

The Trial Chamber charged Aleksovski for aiding and abetting the mistreatment by the HVO outside the prison. The Appeals Chamber affirmed this charge.


1. Acts “specifically directed to assist, encourage or lend moral support to the specific crime committed by the principal” with a “substantial effect upon the commission by the principal of the crime for which the aider and abettor is sought to be made responsible” (¶ 162)

2. Knowledge “(in the sense of was aware) that his own acts assisted in the commission of that crime by the principal” (¶¶ 162-164, citing Tadic)

Key Passages : 

MENS REA: “The absence of any reference [by the Trial Chamber] to an awareness by the aider and abettor of the essential elements of the crime committed by the principal (including his relevant mens rea) detracts from that passage as a reasonably accurate statement of the law.” Despite this flaw, “the relevant state of mind on the part of the HVO soldiers was obvious from the nature of the injuries seen by him” so the ground of appeal was dismissed (¶ 164).

Appeals Chamber