200010 Lecture Notes - Lecture 8: Joint Criminal Enterprise, International Criminal Tribunal For The Former Yugoslavia
6 Apr 2019
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Document Summary
Law of england, which introduced the principle into criminal law in the. Uk and other commonwealth nations such as australia. A similar legal principle can also be found in texas, usa, where it is known as the law of parties. Critics argue that joint criminal enterprise can lead to excessive legal process and punishments, that it lowers the evidential bar in favour of prosecution, and that it runs counter to the spirit of blackstone"s formulation. The statute of the icty is not and does not purport to be a meticulously detailed code providing for every possible scenario and every solution thereto. It sets out in somewhat general terms the jurisdictional framework within which the tribunal has been mandated to operate. Joint criminal enterprise is a form of "commission" pursuant to article 7(1) of the statute: joint criminal enterprise and conspiracy: joint criminal enterprise and "conspiracy" are two different forms of liability.
