Table of contents:
Element:
M.1.1. A principal crime was committed or attempted
M.1.2. A principal crime was committed by a person or persons other than the perpetrator
The Blakić Trial Chamber stated that:
"in general, a person other than the person who planned, instigated or ordered is the one who perpetrated the actus reus of the offence. In so doing he must have acted in furtherance of a plan or order."[1]
The Blakić Trial Chamber claimed that:
"what is important is the commanders mens rea, not that of the subordinate executing the order"."[2]
Footnotes:
[1] ICTY, Blakić Trial Judgment 3 March 2000, para. 278.
[2] ICTY, Blakić Trial Judgment 3 March 2000, para. 282.
