The relatively new doctrine of criminal liability presented through the concept of a Joint Criminal Enterprise (JCE) is a very contradictory one. It has played a crucial role in the allocation of guilt in international criminal tribunals within which it has been developed and has evolved. This theory of individual liability goes to the core of what international criminal trial seeks to achieve. At the same time, the concept of JCE is criticized by some scholars as well as by defence attorneys. It is often characterized as the most complex and most challenging theory in international criminal law. This thesis will analyse how different courts have coped with this new form of criminal liability, with a special focus on attempting to answer whether this form of criminal liability should, could or must be applied in the Court of BiH in comparison with other forms of liability.
This thesis is divided into four main parts. The First part will review the origins and development of Joint Criminal Enterprise, common law tenets, the logic of common law and the notion of customary law and the position of JCE in international customary law. Then, the second section proceeds to the development of the concept of a Joint Criminal Enterprise through an overview of key, relevant historical facts. The third part considers the application of the JCE in other international tribunals including the International Criminal Tribunal for the former Yugoslavia (ICTY), the Special Court for Sierra Leone (SCSL), the Special Court for Cambodia (Extraordinary Chambers in the Courts of Cambodia - ECCC), and the International Criminal Tribunal for Rwanda (ICTR). In conclusion, there is a discussion on The Court of BiH and application of this form of criminal liability with a targeted analysis of selected cases.
Inhaltsverzeichnis (Table of Contents)
- Abstract
- Introduction
- Hypothesis
- Methodology
- PART I
- Development of the Concept of Joint Criminal Enterprise
- Common Law and Joint Criminal Enterprise
- The Notion of Customary International Law
- Principle of Legality
- History and legal findings
- The Principle of Legality and Joint Criminal Enterprise
- Application of Joint Criminal Enterprise before other International Tribunals
- Special Court of Sierra Leone and application of Joint Criminal Enterprise
- Joint Criminal Enterprise and Extraordinary Chambers in the Courts of Cambodia
- The International Criminal Court and Joint Criminal Enterprise
- International Criminal Tribunal for the former Yugoslavia and Joint Criminal Enterprise
- PART II
- Does Bosnia and Herzegovina need the Doctrine of Joint Criminal Enterprise?
- The Court of Bosnia and Herzegovina and Application of the Doctrine of Joint Criminal Enterprise
- Cases transferred to the State Court pursuant to Rule 11 bis
- Concluding Remarks
- Bibliography
- Table of cases
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This thesis aims to analyze the necessity of the Joint Criminal Enterprise (JCE) doctrine within the legal framework of Bosnia and Herzegovina (BiH) for the adjudication of war crime cases. It investigates the historical development of the JCE doctrine in international law, examines its application in various international tribunals, and assesses its relevance and applicability within the BiH legal system.
- Development and evolution of the Joint Criminal Enterprise doctrine.
- Application of the JCE doctrine in different international courts and tribunals.
- Analysis of the principle of legality in relation to JCE.
- Assessment of the need for JCE within the Bosnian legal framework.
- Examination of relevant cases and legal precedents.
Zusammenfassung der Kapitel (Chapter Summaries)
Development of the Concept of Joint Criminal Enterprise: This chapter explores the historical development of the Joint Criminal Enterprise (JCE) doctrine, tracing its origins and evolution within common law and customary international law. It lays the groundwork for understanding the theoretical basis of JCE and its application in international criminal tribunals. The chapter meticulously dissects the concept's evolution, analyzing its adaptation and interpretation across different legal systems, and highlighting its increasing relevance in the prosecution of complex war crimes. This analysis emphasizes the nuances within JCE's application, creating a basis for understanding its potential complexities and applications within the Bosnian legal framework.
Principle of Legality: This chapter examines the principle of legality within international criminal law and its interaction with the JCE doctrine. It delves into the historical development of the principle and analyzes how its application might impact the utilization of JCE. The chapter explores the tension between ensuring accountability for serious international crimes and safeguarding fundamental due process rights. This crucial examination investigates how the principle of legality might shape the practical application of JCE within the BiH context. This exploration is particularly relevant due to the often complex and contested nature of JCE application in international criminal proceedings.
Application of Joint Criminal Enterprise before other International Tribunals: This chapter provides a comparative analysis of the JCE doctrine’s application across several international tribunals, including the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Criminal Court, and the International Criminal Tribunal for the former Yugoslavia. By examining case law and precedent from these different jurisdictions, the chapter illuminates the various interpretations and applications of JCE, highlighting both its strengths and weaknesses. This comparative analysis serves as a crucial benchmark for understanding the potential challenges and opportunities inherent in implementing JCE within the specific legal context of BiH.
Does Bosnia and Herzegovina need the Doctrine of Joint Criminal Enterprise?: This chapter focuses specifically on the Bosnian legal system and its capacity to handle war crime cases without or with the JCE doctrine. It examines the existing legal framework in BiH, analyzing its suitability for prosecuting complex cases involving multiple perpetrators. The chapter discusses the potential benefits and drawbacks of adopting or adapting the JCE doctrine within this specific context, addressing potential challenges in implementation and enforcement. The chapter also assesses existing case law within the Court of Bosnia and Herzegovina, offering a valuable insight into the practical challenges and realities faced by the Bosnian judicial system.
Schlüsselwörter (Keywords)
Joint Criminal Enterprise, International Criminal Law, War Crimes, Bosnia and Herzegovina, Principle of Legality, International Tribunals, Customary International Law, Accountability, Due Process.
Frequently Asked Questions: Analysis of the Joint Criminal Enterprise Doctrine in Bosnia and Herzegovina
What is the main topic of this thesis?
This thesis analyzes the necessity of the Joint Criminal Enterprise (JCE) doctrine within the legal framework of Bosnia and Herzegovina (BiH) for adjudicating war crime cases. It examines the doctrine's historical development, its application in various international tribunals, and its relevance and applicability within the BiH legal system.
What are the key themes explored in the thesis?
Key themes include the development and evolution of the JCE doctrine, its application in different international courts and tribunals, the principle of legality in relation to JCE, the assessment of the need for JCE within the Bosnian legal framework, and an examination of relevant cases and legal precedents.
What is the structure of the thesis?
The thesis is structured into several parts. Part I explores the development of the JCE concept, the principle of legality, and its application in various international tribunals (Sierra Leone, Cambodia, ICC, ICTY). Part II focuses specifically on the need for JCE in Bosnia and Herzegovina, examining the Bosnian court system's handling of war crime cases and relevant case law. The thesis also includes an abstract, introduction, hypothesis, methodology, concluding remarks, bibliography, and a table of cases.
What is Joint Criminal Enterprise (JCE)?
Joint Criminal Enterprise is a legal doctrine used in international criminal law to hold individuals accountable for crimes committed by others, even if they did not directly participate in the act itself. It focuses on the collective criminal intent and contribution of individuals within a joint criminal undertaking.
How does the thesis examine the principle of legality in relation to JCE?
The thesis examines the principle of legality (nullum crimen sine lege) within international criminal law and how it interacts with the JCE doctrine. It analyzes the historical development of the principle and how its application might impact the utilization of JCE, focusing on the balance between ensuring accountability for serious international crimes and safeguarding due process rights.
Which international tribunals are discussed in the thesis?
The thesis analyzes the application of the JCE doctrine in several international tribunals: the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the International Criminal Court (ICC), and the International Criminal Tribunal for the former Yugoslavia (ICTY).
What is the conclusion regarding the need for JCE in Bosnia and Herzegovina?
The thesis aims to assess whether the JCE doctrine is necessary within the Bosnian legal framework for prosecuting war crimes. This assessment is based on an analysis of the existing Bosnian legal system, its capacity to handle complex cases, and an examination of relevant case law within the Court of Bosnia and Herzegovina.
What are the keywords associated with this thesis?
Key words include Joint Criminal Enterprise, International Criminal Law, War Crimes, Bosnia and Herzegovina, Principle of Legality, International Tribunals, Customary International Law, Accountability, and Due Process.
- Quote paper
- Srdjan Vidackovic (Author), 2015, The doctrine of Joint Criminal Enterprise in the legal framework of Bosnia and Herzegovina, Munich, GRIN Verlag, https://www.grin.com/document/513483
