114
the act must “not be done for the purely personal motives of the perpetrator”. 315 These two
concepts, neither of which is a prerequisite for criminal culpability under Article 5 of the
Statute, are, in any case, not coextensive. It may be true that if the act is related to the
armed conflict, then it is not being committed for purely personal motives. But it does not
follow from this that, if the act is unrelated to the armed conflict, it is being committed for
purely personal reasons. The act may be intimately related to the attack on a civilian
population, that is, it may fit precisely into a context of persecution of a particular group,
and yet be unrelated to the armed conflict.
It would be wrong to conclude in these
circumstances that, since the act is unrelated to the armed conflict, it is being committed for
purely personal reasons.
The converse is also true; that is, merely because personal
motivations can be identified in the defendant’s carrying out of an act, it does not
necessarily follow that the required nexus with the attack on a civilian population must also
inevitably be lacking.
2. The Object and Purpose of the Statute
253.
The Prosecution has submitted that “the object and purpose of the Statute support
the interpretation that crimes against humanity can be committed for purely personal
reasons”. The Prosecution cites the Tadi} Decision on Jurisdiction, to the effect that “the
‘primary purpose’ of the establishment of the International Tribunal ‘is not to leave
unpunished any person guilty of [a] serious violation [of international humanitarian law],
whatever the context within which it may have been committed’”. 316
This begs the
question, however, whether a crime committed for purely personal reasons is a crime
against humanity, and therefore a serious violation of international humanitarian law under
Article 5 of the Statute.
254.
The Appeals Chamber would also reject the Prosecution’s submission concerning
the onerous evidentiary burden which would be imposed on it in having to prove that the
accused did not act from personal motives, 317 as equally question-begging and inapposite.
It is question-begging because if, arguendo, under international criminal law, the fact that
315
Ibid.
Cross-Appellant’s Brief, para. 4.20.
317
Ibid., para. 4.23.
316
Case No.: -94-1-A
15 July 1999