Prosecutor v. Furundžija

Case Name: 
Prosecutor v. Furundžija
IT-95-17/1-T (Trial Chamber Judgement)
Decision Date: 
December 10, 1998
Key Facts: 

Appellant, a local commander, was convicted of, inter alia, aiding and abetting rape by being present at the cottage where the rape by another soldier took place.


1. Acts, including moral support or encouragement, that assist the principals in their commission of the crime (¶ 199) and have a “substantial effect” on the principal act (¶ 223) 2. Knowledge that the acts assist the commission of the crime

Key Passages : 

ACTUS REUS: “[P]resence, when combined with authority, can constitute assistance in the form of moral support, that is, the actus reus of the offence…assistance need not be tangible…[and] need not constitute an indispensable element, that is, a conditio sine qua non for the acts of the principal” (¶ 209).

MENS REA: “[T]he test of mens rea which emerged from the post-Second World War trials is “awareness of the act of participation coupled with a conscious decision to participate”. The requirement adopted by the Trial Chamber was that the mental element for aiding and abetting consists of a knowing participation in the commission of an offence” (¶ 241).

Trial Chamber