Joint criminal enterprise

Building of International Criminal Tribunal for the former Yugoslavia in The Hague.

Joint criminal enterprise (JCE) is a legal doctrine used during war crimes tribunals to allow the prosecution of members of a group for the actions of the group. This doctrine considers each member of an organized group individually responsible for crimes committed by the group within its common plan or purpose.[1] It 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"[2] via the concept of "collective liability" where more than one person can share liability and punishment for the actions of another person. This, however, is not universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just.[citation needed]

  1. ^ "John Ciorciari, Joint Criminal Enterprise and the Khmer Rouge Prosecutions". Archived from the original on 14 December 2009.
  2. ^ "Atrocities in Yugoslavia unraveled much later".

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