‘Joint Criminal Venture’ and a Reference to the Practive of the International War Crimes Tribunal Cover Image
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„Заједнички злочиначки подухват “ и пракса међународног суда на ратне злочине
‘Joint Criminal Venture’ and a Reference to the Practive of the International War Crimes Tribunal

Author(s): Goran V. Đorđević
Subject(s): Law, Constitution, Jurisprudence
Published by: Nova srpska politička misao
Keywords: Joint Criminal Enterprise; individual responsibility; mens rea; actus reus; court practice

Summary/Abstract: The subject of discussion is the doctrine “Joint Criminal Enterprise”, as a form of determining the criminal liability used in proceedings in front of the Hague Tribunal. What is specific in this doctrine being used in Hague Tribunal’s jurisdiction is the fact that, by holding an individual criminally responsible for one concrete criminal act, he can be attributed with criminal culpability for other crimes, committed within the “Joint criminal enterprise”. Also, the experience of the Hague Tribunal has shown that participation in the joint criminal enterprise can relate to a larger number of persons, include distinctive ranks of members and different forms of organization, as grounds for criminal liability. In this sense, the author points out the significance, complexity, as well as treating this issue through the practice of the Hague Tribunal.

  • Issue Year: 18/2010
  • Issue No: 03+04
  • Page Range: 243-265
  • Page Count: 24
  • Language: Serbian