Jurisprudence Continues to Evolve

With the notable exception of the International Criminal Court, joint criminal enterprise (JCE) has been drawn upon in all modern international criminal law efforts to punish individuals for the criminal results of group action. Yet, for a mode of liability deemed by various international judicial institutions to be customary international law, it has undergone almost continuous modification from its modern promulgation in the Tadić Appeal Judgment in 1999. The latest development is the Appeal Judgment in Case 002/1 at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Therein the Chamber fashioned a new conception of common purpose liability that differs significantly from that of JCE as established at the International Criminal Tribunal for the former Yugoslavia. This article looks at the most significant developments of the JCE mode of liability at the ad hoc tribunals since the Tadić Appeal Judgment before reviewing the ECCC Chamber’s revision of the common purpose concept. The article finishes by questioning whether, in the twilight of the current ad hoc tribunals, JCE will continue to play a role in international criminal law

Appeal · Criminal law · Criminal liability · International law · Jurisprudence · Liability · Political science · Promulgation · Tribunal · European Criminal Justice and Data Protection · International Arbitration and Investment Law · International Law and Human Rights · Law