The Prosecution appealed, claiming that the Trial Chamber committed an error by refusing to conclude that Appellant aided and abetted the perpetration of the Gashirabwoba massacre (¶ 376). The Appeals Chamber dismissed this ground of appeal in its entirety (¶ 377).
1. Acts “specifically aimed at assisting, encouraging, lending moral support for the perpetration of a specific crime” with “a substantial effect on the perpetration of the crime”
2. Knowledge “that his acts assist in the commission of the specific crime of the principal” (¶ 370)
ACTUS REUS: The Appeals Chamber adopted the ICTY’s stance that an aider and abettor can be liable despite being absent from the scene of the underlying crime. An aider and abettor may participate before, during or after the crime has been perpetrated and at a certain distance from the scene of the crime (¶ 372).