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Elizabeth Santalla Vargas

Muhimana (Mikaeli) v Prosecutor, Judgment, Case no ICTR-95-1B-A, ICL 692 (ICTR 2007), 21st May 2007, United Nations [UN]; United Nations Security Council [UNSC]; International Criminal Tribunal for Rwanda [ICTR]; Appeals Chamber [ICTR]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 14 August 2020

Whether conviction for abetting required proof of authority over the principal perpetrator.

Whether the actus reus of rape could be proved with circumstantial evidence, and whether the inference that the Trial Chamber TC drew in finding that an appellant committed rape on the basis of uncorroborated circumstantial evidence, supported the holding of criminal responsibility beyond reasonable doubt.

Whether evidence of a positive attitude on the part of an alleged perpetrator towards some members of a protected group precluded the finding of genocidal intent.

Whether additional facts introduced in the course of the proceedings precluded a defence from being put into sufficient notice of the alleged criminal conduct so as to impair the preparation of the defence’s case.

Whether mitigating circumstances, not having been claimed at the trial stage, could have been put forward on appeal and whether, considering them, a sentence of life imprisonment was unreasonable.

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