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Judicial Creativity and Joint Criminal Enterprise

Mohamed Shahabuddeen

in Judicial Creativity at the International Criminal Tribunals

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199591466
eISBN:
9780191595585
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199591466.003.0009
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the theory of joint criminal enterprise as a form of criminal liability before the ad hoc Tribunals. It provides a comparative analysis of the competing doctrines of joint ... More


Article 7(1) of the ICTY Statute and Article 6(1) of the ICTR Statute: ‘Direct’ Participation

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0020
Subject:
Law, Human Rights and Immigration

This chapter discusses ‘direct participation’ in international crimes pursuant to Articles 7(1) and 6(1) of the statutes of the ad hoc tribunals for the former Yugoslavia and of Rwanda, respectively. ... More


Individual Criminal Responsibility in International Law

Elies van Sliedregt

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

This book examines the concept of individual criminal responsibility for serious violations of international law, i.e., aggression, genocide, crimes against humanity, and war crimes. Such crimes are ... More


General Principles of Liability and Defences

Neil Boister and Robert Cryer

in The Tokyo International Military Tribunal - A Reappraisal

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.003.0009
Subject:
Law, Public International Law

This chapter focuses on the general principles of criminal liability as interpreted and applied by the Tokyo IMT. It looks, therefore, at inculpatory doctrines and defences. On the former side, it ... More


Crime‐Specific and Leadership Modalities

Elies van Sliedregt

in Individual Criminal Responsibility in International Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199560363
eISBN:
9780191738623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199560363.003.0007
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses crime-specific modes of liability and theories of liability that are referred to as ‘leadership modalities’. The former regard complicity in genocide and inchoate crimes of ... More


Conspiracy, Enterprise Liability, and Criminal Membership

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0013
Subject:
Law, Public International Law, Criminal Law and Criminology

The previous chapter bracketed two modes of participation included in Article II(2) of Law No. 10: being ‘connected with plans or enterprises’ involving the commission of a crime — enterprise ... More


Genocide and other Forms of Criminal Involvement

Guénaél Mettraux

in International Crimes and the Ad Hoc Tribunals

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199207541
eISBN:
9780191709203
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207541.003.0016
Subject:
Law, Human Rights and Immigration

A genocidal offence may be committed by act or omission, and the perpetrator need not have been involved in any patterns of criminal behaviour. As with the other crimes within the jurisdiction of the ... More


Fair Labelling and Other Criminal Law Principles and Concepts

Hilmi M. Zawati and Teresa A. Doherty

in Fair Labelling and the Dilemma of Prosecuting Gender-Based Crimes at the International Criminal Tribunals

Published in print:
2014
Published Online:
April 2015
ISBN:
9780199357109
eISBN:
9780190259839
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199357109.003.0004
Subject:
Law, Human Rights and Immigration

This chapter relates the principle of fair labelling to other statutory laws in terms of preciseness of offences, proportionality of punishments, and effects that these principles create towards the ... More


On Being ‘Concerned’ in a Crime: Embryonic Joint Criminal Enterprise?

Nina H B Jorgensen

in Hong Kong's War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199643288
eISBN:
9780191749070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643288.003.0005
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter addresses the question of whether the mode of ‘being concerned in crime’, as used in the Hong Kong trials, was an embryonic form of joint criminal enterprise (JCE) — a controversial ... More


Conduct Elements

Dr. David Nersessian

in Genocide and Political Groups

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199588909
eISBN:
9780191594557
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199588909.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter focuses upon the actus reus of genocide, outlining both the conduct elements of the offence and the complexities of identifying the contours of protected groups. It first discusses the ... More


Complicity in Genocide and the Duality of Responsibility

Nina HB Jørgensen

in The Legacy of the International Criminal Tribunal for the Former Yugoslavia

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199573417
eISBN:
9780191728822
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199573417.003.0009
Subject:
Law, Public International Law, Criminal Law and Criminology

In 2007, the International Court of Justice (ICJ) upheld the notion that the Genocide Convention provides for state as well as individual responsibility for genocide, referring to the ‘duality of ... More


Complicity

A P Simester

in Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing

Published in print:
2021
Published Online:
March 2021
ISBN:
9780198853145
eISBN:
9780191887468
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198853145.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter addresses complicity liability. Complicity doctrine is notoriously difficult, both doctrinally and conceptually, in part because its underlying principles are themselves in tension. The ... More


Modes of Criminal Liability under International Law

Michael J. Kelly and Luis Moreno-Ocampo

in Prosecuting Corporations for Genocide

Published in print:
2016
Published Online:
March 2016
ISBN:
9780190238896
eISBN:
9780190238919
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190238896.003.0004
Subject:
Law, Criminal Law and Criminology, Public International Law

Modes of vicarious liability must be used to prosecute a corporation for violations of criminal law. Common law jurisdictions such as the United States and the United Kingdom have a long history of ... More


The Spider and the System: Milošević and Joint Criminal Enterprise

Harmen van der Wilt

in The Milošević Trial: An Autopsy

Published in print:
2014
Published Online:
January 2014
ISBN:
9780199795840
eISBN:
9780199345274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795840.003.0034
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter examines the Prosecution's use of the doctrine of joint criminal enterprise (JCE) to hold Milošević responsible for genocide. The choice of JCE relaxed the burden on the Prosecution to ... More


“Joint Criminal Enterprise”

Edina Bećirević

in Genocide on the Drina River

Published in print:
2014
Published Online:
January 2015
ISBN:
9780300192582
eISBN:
9780300206807
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300192582.003.0003
Subject:
History, European Modern History

This chapter outlines political events that preceded declarations of independence by several Yugoslav republics, leading the Yugoslav People’s Army (JNA) to declare war, first on Slovenia, then ... More


Organizational Criminality

Jens David Ohlin

in Pluralism in International Criminal Law

Published in print:
2014
Published Online:
November 2014
ISBN:
9780198703198
eISBN:
9780191772498
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703198.003.0004
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter discusses two approaches to organizational liability that have divided the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Court ... More


Nuremberg’s Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court

Michael Bazyler

in Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World

Published in print:
2017
Published Online:
November 2016
ISBN:
9780195395693
eISBN:
9780199362912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395693.003.0009
Subject:
Law, Human Rights and Immigration, Legal History

The Cold War brought the Nuremberg prosecutions to a premature end. It also no longer seemed possible to create an international penal court to adjudge those individuals, including heads of state, ... More


The Limits of the Criminal Law

Augustine Brannigan

in Beyond the Banality of Evil: Criminology and Genocide

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199674626
eISBN:
9780191766893
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199674626.003.0007
Subject:
Law, Criminal Law and Criminology

The hallmark of the liberal legalist approach to genocide has been criminal prosecution of individuals for their personal participation. Evidence suggests that this legal forum, derived from the ... More


The Habré Trial Judgment: A Summary of the First Instance Judgment of the EAC

Élise Le Gall

in The President on Trial: Prosecuting Hissène Habré

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198858621
eISBN:
9780191890819
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858621.003.0020
Subject:
Law, Public International Law

This chapter focuses on the judgment of the Extraordinary African Chambers (EAC) in the Hissène Habré trial. The EAC Trial Court ruling of 30 May 2016, found Hissène Habré guilty of crimes against ... More


Introductory Note: The International Criminal Tribunal for the Former Yugoslavia in 2015

Rafael Nieto-Navia

in THE GLOBAL COMMUNITY YEARBOOK OF INTERNATIONAL LAW AND JURISPRUDENCE 2016

Published in print:
2017
Published Online:
October 2017
ISBN:
9780190848194
eISBN:
9780190848217
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190848194.003.0023
Subject:
Law, Public International Law

When the UN Security Council (UNSC) created the International Tribunals for the former Yugoslavia (ICTY) in 1993, and Rwanda (ICTR) in 1994, it had in mind that the Tribunals were ad hoc and should ... More


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