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Chinese Journal of International Law Advance Access published online on June 15, 2007
Chinese Journal of International Law, doi:10.1093/chinesejil/jmm020
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© The Author 2007. Published by Oxford University Press. All rights reserved

The Jean Mpambara Case: Outlining "Culpable Omissions" in International Criminal Law

Rajat Rana*

Correspondence: * Advocate, Punjab and Haryana High Court, India (e-mail: rajat.rana{at}gmail.com). This paper was completed on 2nd February 2007.

The Trial Chamber of the International Criminal Tribunal for Rwanda, through its judgment in Jean Mpambara case, outlined the significance of culpable omissions, outlining three broad offences under which it could be used as evidence. While it is clear that an omission may be considered as evidence of aiding and abetting or joint criminal enterprise, it is still not clear whether omission of failure of duty to prevent or punish will be considered as part of Article 6(1) of the statute as done by the other trial chambers,1 or will it be considered as a different species of crime as concluded by the trial chamber in this case?


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