The Trial Chamber convicted Appellant of ordering, instigating, and aiding and abetting genocide, and murder and extermination as crimes against humanity, based in part on the involvement of the Interahamwe in the killings of Tutsis in Nyamirambo, Ntarama, and Rushashi. Among other acts, by instructing the Interahamwe to arrest Gakuru and telling them that Gakuru was an “Inyenzi”, the Appeals Chamber affirmed that the Appellant specifically assisted and provided moral support to the principal perpetrators and was thus liable for aiding and abetting (¶ 322). The Appeals Chamber also reversed the aiding and abetting conviction in part because the Trial Chamber failed to include the allegation of weapons distribution in the Amended Indictment (¶ 297).
1. “[A]cts or omissions that assist, further, or lend moral support to the perpetration of a specific crime” and that “substantially contribute to the perpetration of the crime”
2. “[K]nowledge that the acts performed by the aider and abettor assist in the commission of the crime by the principal” (¶ 321)
MENS REA: “If an accused is aware that one of a number of crimes will probably be committed, and one of those crimes is in fact committed, he has intended to facilitate the commission of that crime” (¶ 321).