Cumulative charging

Notion(s) Filing Case
Appeal Judgement - 28.11.2007 NAHIMANA et al. (Media case)
(ICTR-99-52-A)

1029. It is established case-law that cumulative convictions for genocide and crime against humanity are permissible on the basis of the same acts, as each has a materially distinct element from the other, namely, on the one hand, “the intent to destroy, in whole or in part, a national, ethnical, racial or religious group”, and, on the other, “a widespread or systematic attack against a civilian population”.[1]

[1] Ntagerura et al. Appeal Judgement, para. 426; Semanza Appeal Judgement, para. 318. With specific reference to cumulative convictions for genocide and extermination, see Ntakirutimana Appeal Judgement, para. 542; Musema Appeal Judgement, paras. 366-367, 370. 

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Notion(s) Filing Case
Appeal Judgement - 20.02.2001 DELALIĆ et al. (Čelebići)
(IT-96-21-A)

400. Cumulative charging is to be allowed in light of the fact that, prior to the presentation of all of the evidence, it is not possible to determine to a certainty which of the charges brought against an accused will be proven. The Trial Chamber is better poised, after the parties’ presentation of the evidence, to evaluate which of the charges may be retained, based upon the sufficiency of the evidence.  In addition, cumulative charging constitutes the usual practice of both this Tribunal and the ICTR.  

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Notion(s) Filing Case
Appeal Judgement - 16.11.2001 MUSEMA Alfred
(ICTR-96-13-A)

369.   On the issue of cumulative charges, ICTY Appeals Chamber in Čelebići held:

[c]umulative charging is to be allowed in light of the fact that, prior to the presentation of all of the evidence, it is not possible to determine to a certainty which of the charges brought against an accused will be proven.  The Trial Chamber is better poised, after the parties’ presentation of the evidence, to evaluate which of the charges may be retained, based upon the sufficiency of the evidence.  In addition, cumulative charging constitutes the usual practice of both this Tribunal and ICTR.[1]

The Appeals Chamber finds that the above holding on cumulative charges reflects a general principle and is equally applicable to ICTR.  As a result, the Appeals Chamber confirms that cumulative charging is generally permitted.

370.   […] The Appeals Chamber further holds that cumulative charging is generally permitted.

[1] Čelebići Appeal Judgement, para. 400.

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