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Joint criminal enterprise
Joint criminal enterprise (JCE) is a legal doctrine that has been used during war crimes tribunals to prosecute individuals in a group for the actions of said group. This doctrine considers each member of an organized group individually responsible for crimes committed by the group within its common plan or purpose.
The legal doctrine specifically arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars from 1991 to 1999.
For example, "if three people commit a bank robbery and one fatally shoots a person in the process, the law considers all guilty of murder" via the concept of "collective liability" where more than one person can share liability and punishment for the actions of another person. The idea of "collective liability," however, has not been universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just.[citation needed]
The first usages of joint criminal enterprise doctrine have been identified in post-World War II cases in which the doctrine was used under the name common purpose (or joint enterprise), or without specific naming.
Without a certain degree of cooperation and coordination of actions, it is virtually impossible to perpetrate atrocities such as genocide or crimes against humanity.
However, the origins of the doctrine may also be influenced by the common law of England, which introduced the principle into criminal law in the U.K. and other Commonwealth nations such as Australia. A similar legal principle can also be found in Texas, United States, where it is known as the law of parties. However, the notion of collective liability and shared punishment for the actions of others, as if all perpetrated the same deed, may be much older; for instance, it was used to justify extermination of religious and cultural groups, such as the Albigensian "Heretics" and those who harbored them.
The doctrine has also been used at the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone. Meanwhile, the International Criminal Court uses a similar but different doctrine of co-perpetratorship, which some ICTY judges attempted to introduce instead of joint criminal enterprise.
The first reference to joint criminal enterprise and its constituent elements was provided in the Tadić case of 1999 in Yugoslavia. The Appeals Chamber of the ICTY decided on 21 May 2003 on the following definitions:
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Joint criminal enterprise
Joint criminal enterprise (JCE) is a legal doctrine that has been used during war crimes tribunals to prosecute individuals in a group for the actions of said group. This doctrine considers each member of an organized group individually responsible for crimes committed by the group within its common plan or purpose.
The legal doctrine specifically arose through the application of the idea of common purpose and has been applied by the International Criminal Tribunal for the former Yugoslavia (ICTY) to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars from 1991 to 1999.
For example, "if three people commit a bank robbery and one fatally shoots a person in the process, the law considers all guilty of murder" via the concept of "collective liability" where more than one person can share liability and punishment for the actions of another person. The idea of "collective liability," however, has not been universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just.[citation needed]
The first usages of joint criminal enterprise doctrine have been identified in post-World War II cases in which the doctrine was used under the name common purpose (or joint enterprise), or without specific naming.
Without a certain degree of cooperation and coordination of actions, it is virtually impossible to perpetrate atrocities such as genocide or crimes against humanity.
However, the origins of the doctrine may also be influenced by the common law of England, which introduced the principle into criminal law in the U.K. and other Commonwealth nations such as Australia. A similar legal principle can also be found in Texas, United States, where it is known as the law of parties. However, the notion of collective liability and shared punishment for the actions of others, as if all perpetrated the same deed, may be much older; for instance, it was used to justify extermination of religious and cultural groups, such as the Albigensian "Heretics" and those who harbored them.
The doctrine has also been used at the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone. Meanwhile, the International Criminal Court uses a similar but different doctrine of co-perpetratorship, which some ICTY judges attempted to introduce instead of joint criminal enterprise.
The first reference to joint criminal enterprise and its constituent elements was provided in the Tadić case of 1999 in Yugoslavia. The Appeals Chamber of the ICTY decided on 21 May 2003 on the following definitions:
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