engleski

Doctrine of Joint Criminal Enterprise in the context of accomplicite responsibility according to the Rome Statute

Legal notion of Joint Criminal Enterprise devised by the ICTY Appeal Chamber in Tadić case has caused much controversy in theory and practice of International Criminal Law. Although there are different views on this subject, majority of Continental authors consider this notion to be unacceptable. This is firstly the result of aspirations toward maintaining the integrity of the principle of guilt as the fundamental principle of European Criminal Law, which is under serious threat from the expansion of the Anglo-Saxon Law.Thus it is of great importance to assess to what extent can this practice of the ICC be accepted and whether it can continue to develop the notion of Joint Criminal Enterprise based on individual actions of ICTY. This paper represents a humble contribution to many discussions regarding this significant legal issue.

Joint criminal Enterprise; ICC; ICTY; the Rome Statute; conspiracy; accomplicity; guilt

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