Prosecutor v. Ntawukulilyayo

Case Name: 
Prosecutor v. Ntawukulilyayo
ICTR-05-82-A (Appeals Chamber Judgement)
Decision Date: 
December 14, 2011
Key Facts: 

Appellant was sub-prefect within Butare prefecture. The Trial Chamber convicted Appellant of, among other counts, aiding and abetting the genocide of Tutsis at Kabuye hill in Butare prefecture by instructing refugees to move to the hill and transporting soldiers who perpetrated the attack there. Appellant appealed, contending that the substantial effect of his acts was not sufficiently established and that his presence at the hill did not comprise moral support and encouragement (¶ 211).


1. “[A]cts or omissions specifically aimed at assisting, encouraging, or lending moral support to the perpetration of a specific crime” with a “substantial effect upon the perpetration of the crime” (¶ 214)

2. “[K]nowledge that the acts performed by the aider and abettor assist the commission of the specific crime of the principal perpetrator” (¶ 222)

Key Passages : 

ACTUS REUS: Appellant’s “prior good conduct” has no bearing on the actus reus analysis (¶ 216).

MENS REA: “Specific intent crimes such as genocide do not require that the aider and abettor share the mens rea of the principal perpetrator; it suffices to prove that he knew of the principal perpetrator’specific intent” (¶ 222).

Appeals Chamber