The Doctrine of Joint Criminal Enterprise in light of decisions of the International Criminal Tribunal For the Former Yugoslavia; Nature, Foundation and Categorization

The Appeal Chamber of the International Tribunal For the Former Yugoslavia while prosecuting Tadic, as one a an accused of war crimes and crimes against humanity, on 15 July 1999 recognized for the first time the concept of Joint Criminal Enterprise (“JCE”) in a structural and in detailed manner categorizing it under three types, and as a theory. JCE is a model of criminal responsibility for individuals who commit acts for a common criminal purpose, design or plan and are responsible of the crime, provided that other conditions and circumstances are met. The nature of war crimes with regards to their collective commission, the fact that recognition of a lower level of criminal responsibility for the aider and abettors than principals does not appear to be necessary due to their equality of and common mens rea, the application of deterrence effects, shadowing of the penalties personalizing and the ability of adaption to equity and justice criteria as more as possible, are the principle purposes and foundations of this theory, that requires an exact legal analysis. This mode of criminal responsibility, which has been a range of criticisms by jurists and lawyers, is of a range similarities and differences with other modes of criminal responsibility i.e. association and aiding and abetting and criminal responsibility of a superior. It also overlaps in some instances with the such modes of responsibility. It is reasonable therefore to make precise analysis of each to enable a competent court to render an accurate judgment and conviction.