Coautoratul în dreptul penal internațional (I): teoria „Joint Criminal Enterprise” în jurisprudența instanțelor penale internaționale
Co-Perpetration in International Criminal Law (I): The “Joint Criminal Enterprise” Theory in the Jurisprudence of International Criminal Tribunals

Summary/Abstract: Essentially, the concept of co-perpetration in international criminal law concerns the attribution of individual criminal responsibility in situations where international crimes are committed by several persons, based on a common plan and through coordinated contributions. International jurisprudence has developed two major models for interpreting and applying this form of participation: the “Joint Criminal Enterprise” (JCE) doctrine, developed by the International Criminal Tribunal for the former Yugoslavia, and the “Joint Control over the Crime” theory, established by the International Criminal Court on the basis of the German concept of control over the act (Tatherrschaft). This article represents the first of two parts of a study that seeks to analyze the foundations of these two theories, their differences, the relevant case law, and their practical implications for determining individual criminal responsibility in complex cases of international criminal law.

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