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Keywords: joint criminal enterprise
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Chapter
Naming the CrimeGenocide
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Michael Bazyler
Published: 17 November 2016
... Western Sudan Rwanda genocide Armenian genocide “atrocity ” Holomodor famine Obama Barack Stalin Josef genocide Genocide Convention actus reus mens rea group intent joint criminal enterprise Raphael Lemkin Because the word “genocide” is so readily known and both used and overused, those...
Chapter
Nuremberg’s Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court
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Michael Bazyler
Published: 17 November 2016
... Case accomplices complicity in genocide Bosnian Muslims Cassese Antonio complicity in genocide accomplices joint criminal enterprise complicity and genocide mens rea requirement of genocide “intent to destroy in whole or in part” Schabas William Tadić Duško Prosecutor v Tadić ICTY Case...
Book
Published: 19 April 2018
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Organizing Crime: The State as Agent
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Susanne Karstedt
Published: 01 July 2014
... Korea Russia France World War II state violence crimes against humanity paradox of state strength and weakness failed states protection rackets security dilemmas joint criminal enterprise Globally and regionally organized crime is deemed as a major threat to the economy, the polity...
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Individual Criminal Responsibility in International Law
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Elies van Sliedregt
Published online: 24 May 2012
Published in print: 01 March 2012
... Tribunal International Military Tribunal for the Far East Joint Criminal Enterprise Military Criminal Code mistake of legal element Model Penal Code North Atlantic Treaty Organisation Organized Structure of Power Pre-Trial Chambers (ICC) Rules of Procedure and Evidence Special Court for Sierra Leone...
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7 Crime‐Specific and Leadership Modalities
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Elies van Sliedregt
Published: 01 March 2012
... to apply to political and military leadership. Leadership modalities, such as joint criminal enterprise at the leadership level and indirect (co-)perpetration, address the responsibility of intellectual perpetrators, those who are considered ‘most responsible’ for international crimes while being far...
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Perpetrators and Co-Perpetrators of Genocide
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Alexander Zahar
Published: 15 October 2009
...International Criminal Tribunal for Rwanda International Criminal Tribunal for the Former Yugoslavia Joint criminal enterprise Individual criminal responsibility Command responsibility On the building site of international criminal law a new legal language has been forged since the late 1990s...
Chapter
Published: 15 July 2021
... and jurisprudence of the UN Ad Hoc Tribunals, of the mixed tribunals and, with a particular emphasis, of the ICC. In terms of doctrine a special focus lies on the forms of participation which enable us to hold the masterminds of the international crimes accountable, that is, joint criminal enterprise (JCE...
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Introductory Note: The International Criminal Tribunal for the Former Yugoslavia in 2012
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Rafael Nieto-Navia
Published: 30 April 2014
... et al ., considered that the evidence presented by the Prosecutor on the Joint Criminal Enterprise was not convincing. In Gotovina et al ., the Appeals Chamber entered a verdict of acquittal on the responsibility of the Accused by supposedly unlawful artillery attacks...
Chapter
Introductory Note: The International Criminal Tribunal for the Former Yugoslavia in 2013
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Rafael Nieto-Navia
Published: 01 September 2015
... Periši ć , Chief of the General Staff of the Yugoslav Army, and entering a verdict of acquittal. actus reus joint criminal enterprise mens rea objective responsibility verdict of acquittal UN Security Council Resolution S/RES/1966 (2010) required the Tribunal to undertake all efforts...
Chapter
General Principles of Liability and Defences
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Neil Boister and Robert Cryer
Published: 20 March 2008
... Yoshijiro Brown Brendan F Customary international law Precedent Tokyo IMT as Conspiracy Joint Criminal Enterprise and Crimes Against Peace joint criminal enterprise and Joint Criminal Enterprise MacDougall Judge Edward S Araki Sadao Hata Shunroku Itagaki Seishiro Minami Jiro Nomonhan Incident...
Chapter
8 Complicity in Genocide and the Duality of Responsibility
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Nina HB Jørgensen
Published: 19 May 2011
... on the basis of participation in a joint criminal enterprise having genocide as its objective would undoubtedly facilitate a finding of state responsibility. It would not necessarily follow, however, that state responsibility in such circumstances would be responsibility for genocide as opposed to complicity...
Chapter
Conspiracy, Enterprise Liability, and Criminal Membership
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Kevin Jon Heller
Published: 01 June 2011
... Lehmann Rudolf criminal membership Eichmann Adolf Denazification Buetefisch Heinrich Heyde Gerhard Altstoetter Josef Darre Walther Graf Mathias Steinbrinck Otto conspiracy common plan criminal membership enterprise liability joint criminal enterprise JCE abetting The previous chapter...
Chapter
Complicity
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A P Simester
Published: 04 February 2021
... of the accessory against the rights and interests of others; and ensuring those who do otherwise innocent actions have sufficient notice that their conduct is potentially criminal. The chapter closes by distinguishing between two major categories of participation: aiding and abetting, and joint criminal enterprise...
Chapter
Conduct Elements
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Dr. David Nersessian
Published: 29 July 2010
... the doctrines of command responsibility and joint criminal enterprise. It then focuses on the actus reus of genocide and details the acts prohibited under Genocide Convention that constitute physical genocide (killing group members, causing them serious bodily or mental harm, and imposing...
Chapter
The Spider and the System: Milošević and Joint Criminal Enterprise
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Harmen van der Wilt
Published: 01 January 2014
...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 prove that Milošević harbored a special intent to destroy a group in whole or in part; under JCE...
Chapter
Introductory Note: The International Criminal Tribunal for the Former Yugoslavia in 2014
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Rafael Nieto-Navia
Published: 20 October 2016
... deportation and displacement of persons diverging interpretations joint criminal enterprise Kosovo In his Report to the Security Council (UNSC) for 2014, the president of the ICTY said that, by the end of 2015, one trial and one appeal, in the Mladić and Prlić et al ...
Chapter
General Principles
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Gerhard Werle and Florian Jeßberger
Published: 09 October 2020
..., omissions within the context of the ICC Statute, immunity, the multiplicity of offences, and finally, the requirements for prosecution. Duress Necessity Self-defence Individual criminal responsibility Joint criminal enterprise 524 Until the entry into force of the ICC Statute, general principles...
Chapter
Criminalization of Participation in an Organized Criminal Group
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Francesco Calderoni
Published: 29 June 2023
... Action 733 of 1998. The limitation of Article 5 revolves around its wording since State Parties can maintain their traditional approaches, which may hinder international cooperation and harmonization. Organized crime Drug trafficking Conspiracy Joint criminal enterprise 1. Each State Party shall...
Book
Published: 15 July 2021
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