Foreseeable liability through joint criminal enterprise in international law - special focus on gove

• Date de parution : 20/11/2024
• Editeur : Galda Verlag
• EAN : 9783962033941
• Série : (-)
• Support : Papier

• Nombre de pages : (-)
• Collection : (-)
• Genre : Droit
• Thème : Relations et Droit international
• Prix littéraire(s) : (-)

The doctrine of Joint Criminal Enterprise might find its application

in international law, however its application in the Government One

case particularly in its so called extended form otherwise called JCE

3, suffers serious challenges. In Government One trial, the Tribunal... Voir plus

The doctrine of Joint Criminal Enterprise might find its application

in international law, however its application in the Government One

case particularly in its so called extended form otherwise called JCE

3, suffers serious challenges. In Government One trial, the Tribunal

acknowledged the lack of legal provision providing for JCE as a mode

of establishing criminal liability and relied on the authority of the

ICTY in its decision in the Tadic case.

This research has found that a thorough study of the Tadic judgement

proves that it was decided on shaky grounds. In its reasoning, the ICTY

relied on cases in which JCE was not successfully pleaded or in other

instances, the tribunal relied on cases which were rather decided on

different legal questions. Furthermore, a review of the jurisprudence

of current international criminal courts including the International

Criminal Court and the Extraordinary Chamber in the Court of

Cambodia did not confirm the position held by the ad-hoc tribunals

according to which there was a norm of customary law providing for

the doctrine of Joint Criminal Enterprise particularly in its extended

form.