Joint Criminal Enterprise as a Mode of Individual Criminal Responsibility under the Rome Statute

Lutfullah Azizi

Tabesh University; South Asian University

The Doctrine of Joint Criminal Enterprise is spelled out for the first time by ICTY on the Dusko Tadic Appeals Judgment case in International Criminal Law. This dissertation seeks to study the evolution and development of the doctrine and focuses on elaborating on the three types of JCE. The dissertation will explore the different criminal elements of actus reus and mens reus in all the three types by explaining how the ad hoc Tribunals approach to the doctrine. The dissertation also discusses the fundamental issue of the mental element under Article 30 of the Rome Statute regard to the third form of JCE. Based on the above-mention question, it will further explain the legal issues regarding the implementation and challenges to the doctrine by ad hoc Tribunals. Though, it creates ambiguity for future cases and courts to apply the doctrine. At the same time, it poses a challenge to international criminal law on the issue of extensive application of the doctrine. This dissertation will first discuss the historical evolution of Joint Criminal Enterprise including its relationship with Article 25 of the Rome Statute with all its criminal requirements and types. Then it elaborates the Individual Criminal Responsibility under Article 25(3) of the Rome Statute. Finally, it discusses the mental element of the Crime under Article 30 of the Rome Statute while interpreting so extensively by the Tribunals that convicts everyone in the group.

Article link: https://www.asianinstituteofresearch.org/lhqrarchives/joint-criminal-enterprise-as-a-mode-of-individual-criminal-responsibility-under-the-rome-statute