CHARGE 1.

Cutting of Supplies

On Facts Paragraph 18-19

The mental element for instigation requires that the accused wished to ‘provoke or induce’ the
commission of the crime or that he or she was aware of the ‘substantial likelihood’ that the crime would
be committed as a result of his or her conduct.

1September 2004, x269; Kordic¤ andC› erkez Appeals Judgment, supra note 50, x32. ”anin (IT-99^36-
T),Trial Chamber, Brd” 53 See Blas›kic¤ Trial Judgment, supra note 51, x278; Judgment,

 Since all the rest of the entrances to the city were already cut off, intercepting supplies in one of
two remaining entrances is substantially likely to cut most of the supplies entering the and
subsequently lead to starvation of the people

Subjectively, ordering requires that the person giving the order intended for the crime to be committed
or that he or she at least was aware of the ‘substantial likelihood’ .55 that the commission of the crime
would result from his or her conduct.

50, x30.C› erkez Appeals Judgment, supra note 55 Blas›kic¤ Appeals Judgment, supra note 44, x42;
Kordic¤ and

Thus, ordering is particularly relevant to those cases in which the accused held a position in the mid-
level of a hierarchy in which he or she both receive and issued orders.

Individual Criminal Responsibility in Article 25 ICC Statute by GerhardWerle*

Journal of International Criminal Justice 5 (2007), 953^975