Coautoratul în dreptul penal internațional (II): de la „Joint Criminal Enterprise” la „Joint Control over the Crime” – o analiză jurisprudențială comparativă
Co-perpetration in International Criminal Law (II): from „Joint Criminal Enterprise” to „Joint Control over the Crime” – a comparative jurisprudential analysis

Summary/Abstract: The notion of co-perpetration in international criminal law seeks to determine and attribute individual criminal responsibility in situations where international crimes are committed by groups of persons acting in concert on the basis of a shared plan or common understanding. Over time, international jurisprudence has developed two major models for interpreting this mode of liability: the doctrine of „Joint Criminal Enterprise” (JCE), elaborated by the International Criminal Tribunal for the former Yugoslavia, and the theory of “Joint Control over the Crime”, recognised in the case law of the International Criminal Court and grounded in the German concept of control over the act („Tatherrschaftslehre”). This article, the second part of a broader study, examines the foundations of the “Joint Control over the Crime” theory, its differences from the „Joint Criminal Enterprise” model, and the relevant jurisprudence of the International Criminal Court. The analysis aims to highlight how this approach reshapes the boundaries between co-perpetration, aiding and abetting, and other forms of participation, as well as its practical implications in complex cases involving international crimes.

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