The Trial Chamber charged Kupreškic for aiding and abetting the Ahmici attack, based on evidence that he assisted the unloading of weapons and was a member of the police present in Ahmici before and during the attack. The Appeals Chamber found there to be insufficient evidence for the aiding and abetting charge and reversed the Trial Chamber (¶ 304).
Where persecution as a crime against humanity is the principal crime:
1. Acts “specifically directed to assisting, encouraging or lending moral support to the perpetration of the offence of persecution” with “a substantial effect on the perpetration of the persecutory acts” (¶ 254)
2. Knowledge that “the acts performed by him assisted the commission of a persecution by others” (¶ 254)
ACTUS REUS: The Trial Chamber had to be satisfied beyond a reasonable doubt that the elements of the offense had been met (¶ 254). “Circumstantial evidence can often be sufficient to satisfy a fact finder beyond reasonable doubt,” (¶ 303) but in the present case, testimonial inconsistencies (¶¶ 274, 294) and mere presence outside of the hotel to the perpetration of the offense “cannot be said to amount ot an act specifically directe towards assisting, encouraging or lending moral support to the offence of persecution” (¶ 283) led the Appeals Chamber to find there to be insufficient evidence.