Tag Archive for 'JCE'

ICTY: Tolimir sentenced to life imprisonment for Srebrenica crimes

The International Criminal Tribunal for the former Yugoslavia (ICTY) today sentenced Zdravko Tolimir to life imprisonment after the former high ranking official of the Bosnian Serb Army (VRS) was found guilty of genocide, crimes against humanity and war crimes. Zdravko Tolimir was first indicted in 2005 and arrested in 2007 for his alleged involvement in [...]

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Prosecutor v. Gotovina & Markač: Tribunal Acquits Croatian Generals

by Dr Miša Zgonec-Rožej This analysis is an expanded and modified version of the Chatham House expert comment. If you wish to see it, click here.  The Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia (ICTY), on Friday, 16 November 2012, overturned the convictions of two Croatian generals, Ante Gotovina and Mladen [...]

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An Unwelcome Memory of the Apartheid Era: The ‘Common Purpose’ Doctrine Makes a Come-Back

by Guénaël Mettraux The doctrine of “Joint Criminal Enterprise” also known as “common purpose” doctrine has sometimes been lauded as the tool that would end impunity. The flip side of the doctrine is a darker thing however. Because it is so broad, so extraordinarily flexible and so all-encompassing in its reach, it is capable of spreading [...]

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Gotovina Defence Challenges the Appeals Chamber’s Jurisdiction to Consider Alternate Modes of Liability

The Gotovina Defence recently challenged the authority and competence of the ICTY Appeals Chamber to re-qualify on appeal (without Prosecution appeal and without trial findings) the mode of liability relevant to the case, from JCE-liability, based on which General Gotovina was convicted, to the envisaged possibility of re-qualification as aiding and abetting or command responsibility. [...]

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Charles Taylor, JCE and Letting Sleeping Dogs Lie

By Wayne Jordash Charles Taylor was convicted on all 11 counts of an indictment that charged the Accused with five counts of crimes against humanity; in particular: murder, rape, sexual slavery, other inhumane acts, and enslavement. In addition to the crimes against humanity, he was also convicted on five counts of violating Article 3 Common [...]

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