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Joint Criminal Enterprise: Cambodia's Reply to Tadić

Joint Criminal Enterprise: Cambodia's Reply to Tadić <jats:sec><jats:title>Abstract</jats:title><jats:p>The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applicability of JCE to the atrocities which occurred in Cambodia during 1975-1979 - the period within the tribunal's temporal jurisdiction. The PTC has, unlike any other ad hoc tribunal to date, subjected the reasoning in Tadić to close scrutiny. This article will analyse the PTC's decision. In squarely contradicting Tadić on the expanded form of JCE, its findings are to be welcomed. The PTC's decision should be upheld on appeal in order to uphold the principle of legality; to safeguard the continued respect, credibility and future legacy of the ECCC trial process.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

Joint Criminal Enterprise: Cambodia's Reply to Tadić

International Criminal Law Review , Volume 11 (1): 137 – Jan 1, 2011

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Publisher
Brill
Copyright
© 2011 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181211X543948
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The doctrine of Joint Criminal Enterprise (JCE), which imposes individual criminal responsibility on an accused for their participation in a group's common criminal plan, rose to prominence in the ICTY Appeal Chamber decision, Prosecutor v. Tadić. Since Tadić, there has been a general reluctance by international ad hoc tribunals to review the legal foundation of JCE. However, on 20 May 2010, the ECCC Pre-Trial Chamber (PTC) considered the applicability of JCE to the atrocities which occurred in Cambodia during 1975-1979 - the period within the tribunal's temporal jurisdiction. The PTC has, unlike any other ad hoc tribunal to date, subjected the reasoning in Tadić to close scrutiny. This article will analyse the PTC's decision. In squarely contradicting Tadić on the expanded form of JCE, its findings are to be welcomed. The PTC's decision should be upheld on appeal in order to uphold the principle of legality; to safeguard the continued respect, credibility and future legacy of the ECCC trial process.</jats:p> </jats:sec>

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2011

Keywords: PRINCIPLE OF LEGALITY; EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA; JOINT CRIMINAL ENTERPRISE; APPLICABILITY OF JOINT CRIMINAL ENTERPRISE IN CAMBODIA DURING 1975-1979

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