By Lennert Breuker

The case I want to devote some attention to is already a relatively older case of the ICTR Appeals Chamber (12 March 2008). But as I recently came across several commentaries that noted (with some concern) the expansion of the notion ‘committing’, I just wanted to make to use of this opportunity to link the case to the concept of ‘functional perpetratorship’. 

In Prosecutor vs Seromba the Appeals Chamber convicted a priest for committing genocide, thereby rejecting the Trial Chamber’s finding that his responsibility would be more properly translated into aiding and abetting genocide. What makes this case interesting is that while the priest did not physically perpetrate the genocide, nor was considered as co-perpetrator, nor as a member of a joint criminal enterprise, he was still found to be a principal perpetrator.  Continue reading →