Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia
Joint criminal enterprise (JCE) is the institute first applied by the International criminal tribunal for the former Yugoslavia (ICTY) in the Tadić case, and thereafter further shaped through the practice of the ICTY despite the fact that JCE as a form of individual responsibility is not mentioned a...
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| Format: | Article |
| Language: | English |
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University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade
2021-01-01
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| Series: | Crimen (Beograd) |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2021/2217-219X2101081Q.pdf |
| _version_ | 1819144504220844032 |
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| author | Čučilović Irena |
| author_facet | Čučilović Irena |
| author_sort | Čučilović Irena |
| collection | DOAJ |
| description | Joint criminal enterprise (JCE) is the institute first applied by the International criminal tribunal for the former Yugoslavia (ICTY) in the Tadić case, and thereafter further shaped through the practice of the ICTY despite the fact that JCE as a form of individual responsibility is not mentioned anywhere in the Statute of ICTY, neither implicitly nor explicitly. Although today there is no doubt that the Joint criminal enterprise is an institute of international criminal law, which was very often applied in the practice by both ICTY and other international ad hoc tribunals, the serious remarks to this institute do not abate. It's pointed out that this is an institute that "was created" to ensure the conviction of the defendants, which procedurally affects the prosecution, which is relieved of the burden of proving criminal responsibilities and the specific roles of each of the participants in the JCE. Besides that, at the time when this doctrine was formulated, it was not entirely clear whether it was a form of commission or a form of complicity. Only a couple of years later, in the Milutinović et al. case, the ICTY stands out that the liability based on the JCE doctrine, in fact, is a responsibility for the commission, which further compromised this doctrine. Questionless, the application of the Joint criminal enterprise doctrine in practice leads to serious violation of the fundamental principles of contemporary criminal law. With general review of the Joint criminal enterprise doctrine, in this piece of work, the author considers one case of conviction under the third (often referred to as "extended") form of JCE, in order to point out the key problems which this doctrine produces in practice. |
| first_indexed | 2024-12-22T12:43:11Z |
| format | Article |
| id | doaj.art-b5749a36444e457a8017892008abd6ee |
| institution | Directory Open Access Journal |
| issn | 2217-219X 2683-5800 |
| language | English |
| last_indexed | 2024-12-22T12:43:11Z |
| publishDate | 2021-01-01 |
| publisher | University of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, Belgrade |
| record_format | Article |
| series | Crimen (Beograd) |
| spelling | doaj.art-b5749a36444e457a8017892008abd6ee2022-12-21T18:25:23ZengUniversity of Belgrade - Faculty of Law, Belgrade & Institute of Comparative Law, BelgradeCrimen (Beograd)2217-219X2683-58002021-01-01121819910.5937/crimen2101081C2217-219X2101081QJoint criminal enterprise in the practice of international criminal tribunal for the former YugoslaviaČučilović Irena0n/aJoint criminal enterprise (JCE) is the institute first applied by the International criminal tribunal for the former Yugoslavia (ICTY) in the Tadić case, and thereafter further shaped through the practice of the ICTY despite the fact that JCE as a form of individual responsibility is not mentioned anywhere in the Statute of ICTY, neither implicitly nor explicitly. Although today there is no doubt that the Joint criminal enterprise is an institute of international criminal law, which was very often applied in the practice by both ICTY and other international ad hoc tribunals, the serious remarks to this institute do not abate. It's pointed out that this is an institute that "was created" to ensure the conviction of the defendants, which procedurally affects the prosecution, which is relieved of the burden of proving criminal responsibilities and the specific roles of each of the participants in the JCE. Besides that, at the time when this doctrine was formulated, it was not entirely clear whether it was a form of commission or a form of complicity. Only a couple of years later, in the Milutinović et al. case, the ICTY stands out that the liability based on the JCE doctrine, in fact, is a responsibility for the commission, which further compromised this doctrine. Questionless, the application of the Joint criminal enterprise doctrine in practice leads to serious violation of the fundamental principles of contemporary criminal law. With general review of the Joint criminal enterprise doctrine, in this piece of work, the author considers one case of conviction under the third (often referred to as "extended") form of JCE, in order to point out the key problems which this doctrine produces in practice.https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2021/2217-219X2101081Q.pdfjoint criminal enterprisethe principle of legalitythe principle of individual responsibilitycrime against humanity |
| spellingShingle | Čučilović Irena Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia Crimen (Beograd) joint criminal enterprise the principle of legality the principle of individual responsibility crime against humanity |
| title | Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia |
| title_full | Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia |
| title_fullStr | Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia |
| title_full_unstemmed | Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia |
| title_short | Joint criminal enterprise in the practice of international criminal tribunal for the former Yugoslavia |
| title_sort | joint criminal enterprise in the practice of international criminal tribunal for the former yugoslavia |
| topic | joint criminal enterprise the principle of legality the principle of individual responsibility crime against humanity |
| url | https://scindeks-clanci.ceon.rs/data/pdf/2217-219X/2021/2217-219X2101081Q.pdf |
| work_keys_str_mv | AT cucilovicirena jointcriminalenterpriseinthepracticeofinternationalcriminaltribunalfortheformeryugoslavia |