Fofana and Kondewa were high-ranking members of the Civil Defense Forces (CDF) who participated in the armed conflict in Sierra Leone on the side of the ousted government of President Kabbah. They were convicted by the Special Court for aiding and abetting the planning of war crimes by CDF forces, particularly murder, cruel treatment, burning of civilian property, collective punishment and, for Kondewa, enlisting child soldiers.
1. Acts that have a substantial effect on the perpetration of the underlying crime. (¶ 71)
2. Knowledge that “his acts would assist the commission of the crime by the perpetrator or awareness of the substantial likelihood that his acts would assist the commission of a crime by the perpetrator” (¶ 366)
ACTUS REUS: The Appeals Chamber agrees that “’encouragement’ and ‘moral support’ may constitute the actus reus and that acts of aiding and abetting can be made at a time and place removed from the actual crime” (¶ 72).
MENS REA: “The person aiding and abetting a specific intent crime need not possess the principal’s intent to commit the crime, but must at least have knowledge of the principal’s specific intent” (¶ 367).