Table of contents:
Element:
M.4.1. ICTR
In Nahimana et al., the Trial Chamber held with regard to political parties that:
"[a] political party and its leadership cannot be held accountable for all acts committed by party members or others affiliated to the party. A political party is unlike a government, military or corporate structure in that its members are not bound through professional affiliation or in an employment capacity to be governed by the decision-making body of the party."[1]
On the other hand, it was held that:
"[t]o the extent that members of a political party act in accordance with the dictates of that party, or otherwise under its instruction, those issuing such dictates or instruction can and should be held accountable for their implementation."[2]
"Barayagwiza was responsible for the activities of CDR members and Impuzanugamhi, to the extent that such activities were initiated by or undertaken in accordance with his direction as leader of the CDR party."[3]
Footnotes:
[1] ICTR, Prosecutor v. Nahimana et al., "Judgment", ICTR-99-52-T, 3 December 2003, para. 976.
[2] Ibid.
[3] Ibid.
