111
2. The Defence Case
244.
In contrast to the Prosecution’s Cross-Appeal, the Defence argues that the
Trial Chamber’s ruling that a crime against humanity cannot be committed for purely
personal reasons is correct. Although it concedes that Article 5 of the Statute does not
expressly stipulate that crimes against humanity cannot be committed for purely personal
reasons, in its submission, the Trial Chamber nevertheless interpreted Article 5 correctly
when it found that crimes against humanity cannot be committed for purely personal
motives. 307
245.
The Defence contests the interpretation given to the applicable case law by the
Prosecution, arguing that in all the cases cited, the defendants were linked to the system of
extermination which formed the underlying predicate of crimes against humanity, and
therefore did not commit their crimes for purely personal motives. 308 In other words, the
activities of the defendants were linked to the general activities comprising the pogroms
against the Jews and thus the Defence submits that the acts of the defendants were not acts
committed for purely personal reasons.
246.
The Defence also contests the Prosecution’s submissions regarding the object and
purpose of the Statute of the International Tribunal, arguing, to the contrary, that policy
suggests that it would be unjust if a perpetrator of a criminal act guided solely by personal
motives was instead to be prosecuted for a crime against humanity. 309
B. Discussion
247.
Neither Party asserts that the Trial Chamber’s finding that crimes against humanity
cannot be committed for purely personal motives had a bearing on the verdict in terms of
Article 25(1) of the Tribunal Statute. 310 Nevertheless this is a matter of general significance
for the Tribunal’s jurisprudence. It is therefore appropriate for the Appeals Chamber to set
forth its views on this matter.
307
Appellant’s Amended Brief on Judgement, para. 4.9; T. 227 (20 April 1999).
Appellant’s Amended Brief on Judgement, para. 4.12; T. 229 (20 April 1999).
309
Appellant’s Amended Brief on Judgement, paras. 4.17 – 4.18.
308
Case No.: -94-1-A
15 July 1999