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Reflections on the Treatment of the Notions of Control of the Crime and Joint Criminal Enterprise in the Stakić Appeal Judgement

Reflections on the Treatment of the Notions of Control of the Crime and Joint Criminal Enterprise... © Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/156753607X181587 International Criminal Law Review 7 (2007) 143–161 International Criminal Law Review www.brill.nl/icla Reflections on the Treatment of the Notions of Control of the Crime and Joint Criminal Enterprise in the Stakic´ Appeal Judgement Héctor Olásolo* Contents 1. Introduction 143 2. The Notions of Control of the Crime and Joint Criminal Enterprise: Two Different Approaches to the Distinction between Principals and Accessories to the Crime by the International Criminal Court and the International Criminal Tribunal for the Former Yugoslavia 144 3. The Lack of Customary Status of the Notion of Control of the Crime 152 4. The Appeals Chamber’s Treatment of the Problems Posed by the Application of the Traditional Notion of Joint Criminal Enterprise to High Ranking Politicians and Military Commanders 156 5. Conclusion 160 1. Introduction One of the areas of international criminal law that has experienced a deeper evolution in the last decade is that of the applicable modes of liability other than superior responsibility. This evolution has been, to an important extent, the result of moving away from cases where the accused is a physical or low-level per- petrator, such as the Tadic case in the International http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Reflections on the Treatment of the Notions of Control of the Crime and Joint Criminal Enterprise in the Stakić Appeal Judgement

International Criminal Law Review , Volume 7 (1): 143 – Jan 1, 2007

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Publisher
Brill
Copyright
© 2007 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/156753607X181587
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2007 DOI: 10.1163/156753607X181587 International Criminal Law Review 7 (2007) 143–161 International Criminal Law Review www.brill.nl/icla Reflections on the Treatment of the Notions of Control of the Crime and Joint Criminal Enterprise in the Stakic´ Appeal Judgement Héctor Olásolo* Contents 1. Introduction 143 2. The Notions of Control of the Crime and Joint Criminal Enterprise: Two Different Approaches to the Distinction between Principals and Accessories to the Crime by the International Criminal Court and the International Criminal Tribunal for the Former Yugoslavia 144 3. The Lack of Customary Status of the Notion of Control of the Crime 152 4. The Appeals Chamber’s Treatment of the Problems Posed by the Application of the Traditional Notion of Joint Criminal Enterprise to High Ranking Politicians and Military Commanders 156 5. Conclusion 160 1. Introduction One of the areas of international criminal law that has experienced a deeper evolution in the last decade is that of the applicable modes of liability other than superior responsibility. This evolution has been, to an important extent, the result of moving away from cases where the accused is a physical or low-level per- petrator, such as the Tadic case in the International

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2007

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