Element of the offence
|Appeal Judgement - 29.07.2004||
693. […] The law relating to aggravating factors as applied by the International Tribunal is clear. Where an aggravating factor is present and yet is not an element of the crime, that factor may be considered in aggravation of sentence. However, where an aggravating factor for the purposes of sentencing is at the same time an element of the offence, it cannot also constitute an aggravating factor for the purposes of sentencing.
 Vasiljević Appeal Judgement, para. 172-173 (see above, together with Todorović Sentencing Judgement, para. 57).
|Appeal Judgement - 04.12.2001||
KAYISHEMA & RUZINDANA
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350. […] The particularly gruesome manner in which the victim, Beatrice, was killed, is an aggravating circumstance. The fact that this act of killing also supported a conviction for the crime of genocide, because it was part of the policy of genocide within Kibuye préfecture, does not prevent a separate finding that the manner in which it was carried out gave rise to an aggravating circumstance.
|ICTR Rule Rule 101(B) ICTY Rule Rule 101(B)|