30 May 2013 - ICTY

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forges a group out of a mere plurality. 2199 In other words, the persons in a criminal enterprise
must be shown to act together, or in concert with each other, in the implementation of a
common objective, if they are to share responsibility for crimes committed through the
JCE. 2200
5.2 Planning, ordering, and aiding and abetting
1260. Each Count of the Indictment charges each of the Accused, in addition to their
participation in a JCE, with individual criminal responsibility under Article 7 (1) of the
Statute pursuant to the modes of liability of planning, ordering, and/or aiding and abetting the
planning, preparation, and/or execution of the crimes charged. 2201
1261. Article 7 (1) also reflects the principle that criminal responsibility for a crime in
Articles 2 to 5 of the Statute does not attach solely to individuals who commit crimes, but
may also extend to individuals who plan, instigate, order, and/or aid and abet the crimes. For
an accused to be found liable for a crime pursuant to one of these modes of responsibility, the
crime in question must actually have been committed. 2202 Furthermore, his or her actions must
have contributed substantially to the commission of the crime. 2203 Liability may also attach to
omissions, where there is a duty to act. 2204
1262. Planning. Liability may be incurred by planning a crime that is later committed by the
principal perpetrator. 2205 The planner must intend that the crime be committed, or intend that
2199 Krajišnik Trial Judgement, para. 884; Haradinaj et al. Trial Judgement, para. 139.
2200 Brđanin Appeal Judgement, paras 410, 430; Haradinaj et al. Trial Judgement, para. 139.
2201 Indictment, paras 10, 16-17, 25, 63, 66.
2202 For planning, see Kordić and Čerkez Appeal Judgement, para. 26. For instigating, see Kordić and Čerkez
Appeal Judgement, para. 27. For ordering, see Kamuhanda Appeal Judgement, para. 75. For aiding and abetting,
see Simić et al. Appeal Judgement, para. 85.
2203 For planning, see Kordić and Čerkez Appeal Judgement, para. 26; Nahimana et al. Appeal Judgement, para.
479; Dragomir Milošević Appeal Judgement, para. 268. For instigating, see Kordić and Čerkez Appeal
Judgement, para. 27; Nahimana et al. Appeal Judgement, paras 480, 660. For ordering, see Kayishema and
Ruzindana Appeal Judgement, para. 186; Kamuhanda Appeal Judgement, para. 75. For aiding and abetting, see
Tadić Appeal Judgement, para. 229; Čelebići Appeal Judgement, para. 352; Vasiljević Appeal Judgement, para.
102; Blaškić Appeal Judgement, paras 45-46, 48; Kvočka et al. Appeal Judgement, para. 89; Simić et al. Appeal
Judgement, para. 85; Blagojević and Jokić Appeal Judgement, para. 127; Nahimana et al. Appeal Judgement,
para. 482; Orić Appeal Judgement, para. 43; Mrkšić and Šljivančanin Appeal Judgement, paras 49, 81, 156;
Kalimanzira Appeal Judgement, paras 74, 86.
2204 Blaškić Appeal Judgement, para. 663; Galić Appeal Judgement, para. 175; Brđanin Appeal Judgement, para.
274; Orić Appeal Judgement, paras 41, 43; Mrkšić and Šljivančanin Appeal Judgement, paras 49, 134, 156, 200.
2205 Kordić and Čerkez Appeal Judgement, para. 26; Nahimana et al. Appeal Judgement, para. 479; Dragomir
Milošević Appeal Judgement, para. 268.
Case No. IT-03-69-T 446
30 May 2013