110
fact, to read the armed conflict requirement as requiring that the perpetrator’s motives not
be purely personal “would ?…g transform this merely jurisdictional limitation under Article
5 into a substantive element of the mens rea of crimes against humanity”. 302
241.
The Prosecution concedes that this finding did not affect the verdict against the
Appellant. However, it submits that the finding involves a significant question of law that is
of general importance to the Tribunal’s jurisprudence and should therefore be corrected on
appeal. 303
242.
The Prosecution argues that the weight of authority supports the proposition that
crimes against humanity can be committed for purely personal reasons and that the sole
authority relied on by the Trial Chamber in support of its finding in fact suggests that, even
where perpetrators may have been personally motivated to commit the acts in question, their
conduct can still be characterised as a crime against humanity. 304 Subsequent decisions of
the United States military tribunals under Control Council Law No.10 and of national courts
are also consistent with the view that a perpetrator of crimes against humanity may act out
of purely personal motives. 305
243.
Finally, the Prosecution contends that the object and purpose of the Tribunal’s
Statute support the interpretation that crimes against humanity may be committed for purely
personal reasons, arguing that the objective of the Statute in providing a broad scope for
humanitarian law would be defeated by a narrow interpretation of the category of offences
falling within the ambit of Article 5. Furthermore, if proof of a non-personal motive was
required, many perpetrators of crimes against humanity could evade conviction by the
International Tribunal simply by invoking purely personal motives in defence of their
conduct. 306
301
Ibid. paras. 658-659.
Cross-Appellant’s Brief, para. 4.9.
303
Skeleton Argument of the Prosecution, para. 26.
304
Cross-Appellant’s Brief, para. 4.11; T. 150 (20 April 1999).
305
Cross-Appellant’s Brief, paras. 4.15 – 4.18.
306
Ibid. paras. 4.22; T. 152 (20 April 1999).
302
Case No.: -94-1-A
15 July 1999