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The Jean Mpambara Case: Outlining "Culpable Omissions" in International Criminal Law.

Authors :
Rana, Rajat
Source :
Chinese Journal of International Law. Jul2007, Vol. 6 Issue 2, p439-443. 5p.
Publication Year :
2007

Abstract

The Trial Chamber of the International Criminal Tribunal for Rwanda, through its judgment in Jean Mpambara case, outlined the significance of culpable omissions, outlining three broad offences under which it could be used as evidence. While it is clear that an omission may be considered as evidence of aiding and abetting or joint criminal enterprise, it is still not clear whether omission of failure of duty to prevent or punish will be considered as part of Article 6(1) of the statute as done by the other trial chambers, or will it be considered as a different species of crime as concluded by the trial chamber in this case? [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
15401650
Volume :
6
Issue :
2
Database :
Academic Search Index
Journal :
Chinese Journal of International Law
Publication Type :
Academic Journal
Accession number :
26378570
Full Text :
https://doi.org/10.1093/chinesejil/jmm020