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another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military

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aider or abettor need only be aware of the ‘essential elements’ of the crime and that his or her conduct assists that crime. 52 Even in the case of a crime of specific intent, such as genocide

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social, and cultural context can be found in ICTR cases such as Semanza , 38 Kayishema and Ruzindana , 39 and Rutaganda. 40 These cases involved a mixed approach based on subjective

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for a case to be the ‘same case’ it must involve the same person and substantially the same conduct; and this will be determined on a case-by-case basis by the Court. 41 Where, at

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in which case it is part of jurisdiction to enforce. Finally, we need to distinguish between ● civil jurisdiction; and ● criminal jurisdiction. Civil cases concern the

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imposed counsel (this occurred, for example, in the Milošević and Karadzić cases). 15 In the Milošević case, in particular, the imposition of counsel followed from the disruptive and

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correctly considered certain aspects of the defence case, in particular alibi evidence. What were the defendant’s essential ground(s) of appeal? Mr Zigiranyirazo argued that

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that required by customary international law. Neither the Tadić case (as quoted above) nor the ICC Statute or case law require control over territory. 45 Indeed, in modern ‘asymmetric’

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those States which are most specially affected. Finally, ICJ cases such as the Asylum Case and the Right of Passage Case acknowledge that, in theory and practice, a customary rule

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or another person or, in the case of war crimes, property which is essential to the survival of the person or another person or property which is essential for accomplishing a military

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intent (see 7.2.2 The elements of the crime 7.2.2 ). In all these cases pursuance of a special goal is essential, while its full attainment is not necessary for the crime to be consummated

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others ( Vosges case), at 17–22; St Die case, at 58–61; La Grande Fosse case, at 23–7; Essen Lynching case, at 88–92. For comments on some on these cases, see the relevant entries

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question forms part of the common purpose. In cases where the principal perpetrator of a particular crime is not a member of the JCE, this essential requirement may be inferred from various

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and is frequently applied in national case law (starting with a case decided by the Austrian Supreme Military Tribunal on 30 March 1915 (case of the Russian prisoner of war J. K.

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include the Canadian case of Johann Neitz , which involved the attempted murder of a prisoner of war, and the US case of Charles W. Keenan (at § 113). 26 In these cases, national courts

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of its own case to make an opening statement, allowing it to hear the prosecution case in its totality before taking a detailed position in response. 54 The defence case is subject

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or mental, and must be serious. The seriousness of the harm ‘must be assessed on a case by case basis and with due regard for the particular circumstances’ ( Krstić , TC, § 513).

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the territorial state as well. In this case, the essential rationale behind the principle is the desire—or constitutional prohibition in many cases—of the state of nationality not to extradite

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163, 189, 195). 11 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) , ICJ, § 345(1); Nicaragua (Case Concerning Military

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majority of criminal cases are resolved through plea bargaining, thus significantly reducing the workload of courts. 13 In England only some 1 or 2 per cent of all cases are finally disposed