HIST 3001 Lecture Notes - Lecture 19: International Humanitarian Law, International Criminal Tribunal For The Former Yugoslavia, Command Responsibility

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4 Apr 2016
Wednesday, April 9, 2014
Guilty Association
-removing legitimacy of international courts
-international courts are a bad idea because it can undermine the legitimacy of the
entire effort of international tribunals
-JCE that you joined didn’t have the terrible act as its purpose but it was a foreseeable
outcome of the plan— might be unfair to some defendants so maybe this isn’t a good
-has to be something like a concentration camp— once you get involved in any way in
this camp, you are still contributing to everything that happens at the camp
define who the members are
second form of JCE
-first and third forms of JCE
first is within the common plan— atrocious act was the point of the common plan,
even if you aren’t the one who pulled the trigger
third is without the common plan—you agree to join a group that has a common
goal, there is something criminal about what you want to accomplish, but you are
held accountable in the end for a worse act that you did not directly commit, but
something that your group manages to cause— you are held accountable to this
even though you did not directly agree
-has to be a foreseeable outcome
-Tadic— ethnic cleansing, some men and boys are killed— this is a foreseeable
outcome of ethnic cleansing and therefore could be charged for it
-principle liability: if you do it yourself or if you plan it
-what’s the difference between planning and ordering?
planning is principle
order is accessorial
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