JCE Doctrine: An Analysis of International Criminal Law

This report provides an overview of international criminal law, focusing on the Joint Criminal Enterprise (JCE) doctrine and its significance in prosecuting international crimes such as war crimes, crimes against humanity, and genocide. It discusses the development of the JCE doctrine by the International Criminal Tribunal for the former Yugoslavia (ICTY) and its application in holding individuals accountable for collective criminal actions. The report examines the three forms of JCE liability: basic, systematic, and extended, and addresses the reasons for dismissing international crimes under private capacity. It also highlights the importance of individual culpability and the challenges in proving guilt, emphasizing the role of common plans and purposes in establishing criminal liability within the framework of international law. The document concludes by noting the ongoing debates and legal applications surrounding the JCE doctrine and its consistency with customary international law.

Crimes against
Humanity Genocide
War Crimes or
aggression

Table of content
INTRODUCTION...............................................................................................................................3
MAIN BODY.......................................................................................................................................3
What is Joint criminal Enterprise (JCE).........................................................................................3
Reason for Dismissing International crimes under Private capacity..............................................5
Crimes under ICTY jurisdiction.......................................................................................................7
Development in International law....................................................................................................8
CONCLUSION....................................................................................................................................9
BIBLIOGRAPHY..............................................................................................................................10

INTRODUCTION
International criminal law is mainly an integrated legal aspect which is being created
to protect the nations from all the offences and the criminal activities that has been observed
through the violations of human rights. They are several war crimes, crime against humanity,
genocide that affect the civilians and their life. War crimes are mainly all such serious issue
and breach in the international humanitarian law which are being committed against any of
the enemy combatants or civilians at the time of international or any domestic armed
conflicts. The crime against humanity is all the notion which are being observed like rape,
murder, extermination and many more inhuman activities that cause serious injury to the
physical and mental health of the person. All such issues created a major violence in the
countries and also affect their life and their work. Other than this there observe crime of
genocide which is being committed in order to destroy any of the part or whole national,
racial, ethical or any other religious group. This is generally the serious violations that affect
the mental and physical integrity of the group1. This report will cover the issue face and the
importance of joint criminal enterprise doctrine which is being identified in international
criminal Tribunal for formal Yugoslavia throughout the modern-day commission for all the
sovereign states in the international law.
MAIN BODY
What is Joint criminal Enterprise (JCE)
The international criminal law has been integrated into the international legislation
after the trails held during the world war 2. Till 1990’s there were no developments being
made to this but after this duration, when there was mass atrocities as well as violation of the
human rights, this issue got its attention from legal community. In order to reduce it, the
international criminal tribunal established the doctrine of joint criminal enterprise. It is an
important legal doctrine which is governed and opted in order to allow all such prosecutions
of members to manage group for all actions and the offences which are addressed through
collective efforts. It is a doctrine which involves all the members of organised group to be
individually responsible in any such crimes which are being committed that is being imposed
through a common purpose or plan2. This involves all such applications in the idea for
1 ĆUJIĆ, M., 2021. CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL
LAW. Culture polisa, (44), pp.23-35.
2 'International Criminal Law Review' (2021) 22 International Criminal Law Review

common purpose where it applies the International Criminal Tribunal for the former
Yugoslavia (ICTY)in order to prosecute various military and political leaders which involves
the mass war crimes such as genocide that is being observed during Yugoslav wars in 1991 to
1999. The joint criminal enterprise is merely a well-known doctrine that considers to have
mood of various personal criminal liability which is being emerged through jurisprudence of
ICT as there is being seen that Tadic appeal judgement in 1999 relied on all the international
criminal courts with it several terminals. JCE consider to have a consolidated concept
regarding the international criminal law which empowers that all the legal framework that is
being capable to inculpated deep repeaters for the mass crimes and also who have the
particular structure regarding the magnitude and the direct consequences in the international
nature. The crimes which are like crime against humanity, war crimes and genocide and
majorly being seen as breach and the committing of offences against large group of victims in
an extended geographical area. While observing the major characteristics of all such crime
that differentiate it from all the domestic criminal offences is mainly that all such
commissions will include a collective plan and the policies that are being implemented by the
collective individuals who are being acting on various levels on their differentiating
capacities, all of them are equally and in a different manner contributing for gaining the final
goal3. All such issues are generally the criminal venture planned that are being organised
through the senior political and any of the military leaders. These are the underestimation
through the criminal liability that plays a crucial role in the commission of critical offence
and behaviour.
As per the judgement in the case of Dusko tadic, there are three forms of this liability
which includes firstly the basic or JCE I one wherein participants who have common criminal
plan are liable, secondly systematic or JCE II wherein the participants who have participated
in operation of the concentration camps are held liable and thirdly, extended or the JCE III
which includes the perpetrators of the foreseeable crimes are included.
The Yugoslav tribunal exemplifies and relied on JCE propounded as a best theory in
order to address all such issues that drive and confront the main features regarding to
international crime and for all the evident in adequacy with the criminal liability in ICT and
statutes. All such imposes the main issues which affects the civilians and also make them to
3 Marsh L, and Ramsden M, 'Joint Criminal Enterprise: Cambodia's Reply To Tadić' (2021)
11 International Criminal Law Review

degrade and gain the hurt thorough there legal, physical and mental wellbeing4. Their
collective issues and the raise in the general compliance regards to make the serious criminal
offence in the society. The Yugoslav Tribunal generally relies on JCE in order to manage and
address all the issues in relation to the international crimes and with evident inadequacy with
their criminal liability that envisaged through ICTY Statue with intensities in the criminal
purpose. JCE outlines that all the main participants in the criminal enterprise usually possess
to have the same nature and criminal intention to commit the crime.
individual but it provides the manifestations of collective criminality as all the crimes are
mainly being seen in groups of individuals which usually act together in pursuance with the
same criminal designs. This generally add the moral gravity of participants who are actually
managing and carrying the questions of the act. Under article 7 (1) of ICTY statue and in
article 6(1) of ICT are there is being provided the planning, committing, adding and
instigating of all the participation. It characterised it in actus reus and Mens rea5. The
Accessory liability implies that all such act which is being done by the one person can affect
in the commission of crime which is being made by someone else. ICTY appeals chamber
has made in order to hear all the appeals which are raised regarding the crimes against
humanity, genocide and all such serious war crimes, appeals laid are generally in the form of
responsibilities that ensures and warrants basic lower sentence and their responsibility for the
co-proprietor. It also provides the most of the general participations which differentiate the
individuals’ responsibilities. ICT why is majorly being divided in three important categories
of joint criminal enterprise which provides basic form, systematic form and extended form in
which all the basic forms cover the group of individuals which plan committing of crime in
the international law. The systematic form is mainly the entails cases that are being covered
through concentration camp by the administrative personnel. As Yugoslavia manage all the
perpetrators to be aware about the system and their general activities. The extended forms are
the attribution made through the criminal responsibility for exceeding the general framework
of common plan.
In Congo v. Belgium case, it is observed that former minister of foreign affairs
subjected to the criminal jurisdiction for another state where they imply to have private
4 Sliedregt E, 'Joint Criminal Confusion: Exploring The Merits And Demerits Of Joint
Enterprise Liability' [2019] SSRN Electronic Journal
5 Gaynor F, and Goy B, 'Current Developments At The Ad Hoc International Criminal
Tribunals' (2017) 5 Journal of International Criminal Justice

capacity. And all the commitment of crimes by any person with the status of their state
official will be covered as their in a private capacity. It attributes to international law and the
state will not be framed responsible for any of the act under international law6.
Reason for Dismissing International crimes under Private capacity
As all the war crimes or the crime which are being faced against humanity or nature
will be committed under the private capacity city and also are applied through the harmful
act. This includes all the serious issues like torturing prisoners of war and all the other ethnic
group to affect their physical destruction and life. In the international law commission
provides in article 5 that all the state officials which are being acting in the capacity for
attributable of states will manage to explicitly maintain all the instructions given to them
regarding the attributing justice related to war crimes.
JCE subsequently managed to apply all the prosecution ‘s in relation to cross appeals
where the criminal liability is being undertaken. All such foundations for the criminal
responsibilities merely the major reason in the principle for this personal culpability. All the
secretary general supported for the establishment of ICTY which provides that all such
individuals who are being participating in the preparation, planning or any kind of execution
which can relate to the serious violations in the international humanitarian law in former
Yugoslavia that will be individually held liable and responsible for all such violations. Along
with-it money is the compatibility between all the individual culpability and the notion for the
statue that are being made for the common purpose and the prosecution. JCE applied to
manage the three important testing situations they are system, extended and basic appeals. It
concerned to manage the cases where all such participants in the criminal enterprise which
are being having the criminal intentions will be punished together. The prosecution has also
assigned the liability in relation to the acceptance of the general responsibilities for the
common design even if they were not being physically involved for the common commission
of the act.
In the genocidal JCE there is being seen the participation and the findings where
subsequently dismissal for the insufficient proof were being asserted. All such things made a
level of contribution in the general implementation of the common plan. The findings made
the statements in the contextually areas with the joint criminal enterprise helps in the
6 Acquaviva G, 'Was A Residual Mechanism For International Criminal Tribunals Really
Necessary?' (2021) 9 Journal of International Criminal Justice

performance of the acts with the furtherance of the common design. There is being
established the liability for participation in the criminal plan and also the amount through
which the nationwide organising the proper government system to remove the injustice and
cruelty7. In order to prove the guilt and the actions which are taken by the people to be in a
criminal nature the common plan, design and also the purpose for such crimes. JCE
intervenes the customary international law and it elaborates all the issues served by the legal
application with which the inconsistencies and the problems can be heard. JCE relates to all
such customary international law and with the principal of legality. It generally focusses more
on the defendants which are mainly the creators of common plan and conspiracy. All such
restatement will effectively provide the application and the distinguishment relating to the
criminal organisation. The trial chamber which are being established through the defendants
in the responsibility of focusing on the different knowledge and operational activities will
further create the JCE objective.
As in the Lubanga case, ICC Pre-trial chamber provided the autonomy for all such
jurisprudence where there were differing approaches that are being managed and frame for
the principles and their accessories in order to maintain the conceptions and their notions for
the joint control of crime. There were also being provided in article 25 for the principal
liabilities that considers to cover the joint criminal enterprise with their common doctrine that
are being adopted with ICTY8. It also helps to manage the importance with the divergence
and also some of the interpretations Let applies the reflection for the customary international
criminal law and the tendency is to manage the effective working and their property to
maintain the records and their constitutive instruments. It laid out some of the contrary areas
through which the applicably frame the provision that are being traced through the autonomy
of ICTY respondents.
General reasons for dismissing view in International crimes that are committed in Private
capacity
It is being observed that all such war crimes and the crime against humanity is
majorly being committed in the private capacity. Some of the crimes like the killing in
7 Cassese A, 'Amicus Curiae Brief Of Professor Antonio Cassese And Members Of The
Journal Of International Criminal Justice On Joint Criminal Enterprise Doctrine' (2019) 20
Criminal Law Forum
8 Winter E, 'The Accountability Of Software Developers For War Crimes Involving
Autonomous Weapons' (2021) 83 University of Pittsburgh Law Review

prisoner’s war, torture, physical destruction and many more will be constituted in the private
capacity. It is needful to consider all such international crimes to be committed with the state
officials in mere private capacity. It generally makes the negative outcome. As according to
Article 5 in international law commission there involves the draft in the first reading where
they conduct all such state officials to manage and act in the capacity for maintaining the
attributable to the state. Their provided that all such international crimes are undertaken in the
private capacity and are all accepted. This generally do not involve any of the issue regarding
the inviolability for the Minister of Foreign Affairs in all other states but this will not be
taken for any of the torture, war crimes and genocides etc. as these are all such crimes that
would not be complied ion the official capacity and are managed in the private capacity. So,
through all this it can be objected that state will hold the responsibility in order to manage the
asserting for all the wrongful omission and also for the conducts regarding the organs in
which the state will hold the responsibility in all the wrongful omission.
Crimes under ICTY jurisdiction
As there provided in the statue the ICTY provides jurisdiction for the territory in the
former Yugoslavia from 1991. It provides jurisdiction to all the individuals and not to any of
the political parties, administrative entities, organisations or any other legal issues and
subjects. This generally provides a national court and ICT why to manage the concurrent
jurisdiction for the issues relating to serious violations in the international humanitarian law
as it claims the primacy for the national investigation9. All such tribunal is generally
prosecuted in order to manage and to categorise the offences for the grave breach in the
Geneva conventions, genocide and crime against humanity, violations of law and custom of
war. The ICTY and the criminal issues are being protected through the tribunal by managing
the serious violations in the country.
As in the crime against humanity there is being seen that the notion of crime evolved
in the decades where they involve the charters of Tokyo tribunals that conduct trials of World
War second. ICTY statue provides under their article 5 that all such armed conflicts that are
against the civilian population like the murder, imprisonment, enslavement, torture, rape and
9 Wang V, 'A Normative Case For Abolishing The Doctrine Of Extended Joint Criminal
Enterprise' (2019) 83 The Journal of Criminal Law

many more are being addressed and hurt by them. Article 4 of ICTY statue Incorporates to
provide convention regarding to the prevention and also for the punishment for the crime
related to genocide. Some of the major acts like killing members in the group and also
causing bodily and mental harm to any of the person. The main role of the tribunal is to
manage the growth and the safety of the country and also to protect the individuals from war
crimes. It emphasizes on working together to manage the safety and regulation with the
general rule and practises. The ICTY tribunal is majorly regulates all such issues that are not
just concerned with the individuals but with all the societies and the civilians which enforce
and manage the laws. This merely regulates the regions and the issues in relation to the
person who are victim of the war crimes, genocides and the crime against humanity to be
served and being protected from any such cause and actions. This maintain the protection and
the law and order thorough which the applicability of rules is underlined.
Article 25 of ICC Statue
In order to adapt the individual criminal responsibility there is generally being
regulated that Article 25 in ICC statue reflects that ICC will be adjoining to have general
jurisdiction on all the person and not on the organisation and the states. It also promotes and
provides that individual criminal responsibility will refer to all such criminal participation
and also to manage the incitement in the genocide. Through this article there can be seen that
some of the major areas and the always in which modes in participation can be taken are their
serves to have the individual responsibility in relation to the ordering and instigating,
commission of crime, responsibility towards the assistance, contributing towards the group of
crime and also for the contribution which are being made in crime. This mainly entails the
larger group and the cooperation with which the determination in relation to the degree of
individuals are being managed. All such concepts and the strategies exemplify that it just not
has the responsibility with it and also the indicators which are made in the degree or guilt in
the individual for managing the guidelines, the main fundamental ideas in order to manage
the joint commission of several crimes that are being covered through international criminal
law. All such doctrines are mainly being taken through requisite elements that pretends and
manage the common plan, group of persons involved, contribution that is marked with the
common plan. There observed that in the Yugoslavia Tribunal all the preparatory will be well
aware about the criminal character in the system and also to act with general intent and
working. The ICC Statue helps in managing the highest level in the criminal responsibility
where they try to regulate all such commission of crimes through the general omission and all

the ICC statue will draft the work with the established major and general liability. It removes
all the failure in the performance and the working and also command the responsibility to
cover crime in international law. Thus, ICC is the most impart innovative event which
regulates and manages all the crime in for instigating, assisting and ordering the contribution
of the group of person. It helps in strengthen the general significant roles and the modes in
severe participation with which development in the international criminal areas and the
humanitarian law creates the major issue in the individual criminal responsibility.
Development in International law
As with the establishment of tribunal there is being seen a development in the
international humanitarian law, this inspires and creates all the international criminal courts
in different location to manage a transparent and efficient method of justice in the
international method which is viable. All the tribunals constitute of unique institution that
helps to manage the legal proceeding10. And it developed to protect the countries from the
war crimes and also established the measures through which they can maintain international
peace and security. ICTY help with the modern time in changes to manage the contribution
towards the international justice which are like:
 It helps in creating the innovative system in the procedural of for tribunals by mixing
the elements according to the inquisitorial legal traditions and the adverbial regions.
 All such tribunal generally being my nature and established for the modern quotes
with their technical equipment’s and layout that are being taken for the modern court
rooms and the special courts. It also develops and managed the effective witness and
victim programmes.
 The ICTY tribunal manage the unique legal aid system through which they manage a
group related to defence attorneys and also helps in representing and accusing in
relation to the war crimes before all such international judicial areas and bodies.
 All such quotes on terminal created a database in the judicial system through which
they provide access for the international procedural and other criminal law.
Thus, ICTY also made a major contribution in relation to the international justice
through which the implied the tribunal judges and the other staff members to share their
expertise and involvement in relation to the development for the international courts, special
10 Mundis D, 'Current Developments At The Ad Hoc International Criminal Tribunals' (2018)
3 Journal of International Criminal Justice

court and others it helps to bring justice not for the people living in Yugoslavia but also
across the globe. In addition, with that it also protects and provided a primary function
through which they try to serve and provide incentive to all the authorities to reform their
judiciary is and also to catalyst their creation for the war crime courts. It also made the central
role in the rule of root system with the ICT by prosecution that helps out in reviewing the
investigation files which justifies the cases in relation to the global war crime charges11.
It also helped out in strengthening the rule of law through all the transferring of the
expertise and also by managing the legal professional to assist them to deal related to war
crimes in the legal standard with the local system and also implemented out the strategies
through which is transferable information can be contributed and promoted.
CONCLUSION
From this above report it is showcased that international criminal law serves for
protecting the nation, civilians from all the crimes and the activities that can affect their life
and liberty. With the establishment of United Nations ICC helps not only in managing the
criminal responsibilities and issues but it also commits and manage the crimes which are
being laid under the statue. This generally helps in removing all such crimes and issue in
which the individuals are indirectly being concerned and are taking part in committing any of
the crime. War crimes are generally also serious issues that affect the international
humanitarian and civilians who are being limited and living in the general basic methods. The
joint criminal enterprise is majorly a legal doctrine that allows all such prosecution to
maintain the group in order to take actions for the offences that are being made with the
collective approach and efforts. The international criminal Tribunal for the former
Yugoslavia focus on protecting all such more war crimes like genocide, crime against
humanity by framing the terminal and also by observing and managing the goals to protect
the rights of people. Further it is also analysed that it helps out to strengthen the rule of law
and also helps in involving with the legal professional to deal with the legal standards in the
local system. It is observed that this doctrine provides members in an organised group which
are individually responsible for all the crimes that are committed and imposed for managing
the common purpose. Further, Article 25 in ICC Statue is being undertaken when the crime
covered by one individuals, the main aim and the issues which are taken by the Individual
11 Nilsson J, 'Histories Written By International Criminal Courts And Tribunals: Developing
A Responsible History Framework' [2021] Journal of International Criminal Justice

criminal responsibility is to enhance and improve the development of ICTY and general case
laws. All such decisions which are implemented in it are important for gaining the
advancement and development in international law and alps in the humanitarian law.
BIBLIOGRAPHY
ĆUJIĆ, M., 2021. CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL
LAW. Culture polisa, (44), pp.23-35.
'International Criminal Law Review' (2021) 22 International Criminal Law Review
Marsh L, and Ramsden M, 'Joint Criminal Enterprise: Cambodia's Reply To Tadić' (2021) 11
International Criminal Law Review
Sliedregt E, 'Joint Criminal Confusion: Exploring The Merits And Demerits Of Joint
Enterprise Liability' [2019] SSRN Electronic Journal.
Nilsson J, 'Histories Written By International Criminal Courts And Tribunals: Developing A
Responsible History Framework' [2021] Journal of International Criminal Justice
Mundis D, 'Current Developments At The Ad Hoc International Criminal Tribunals' (2018) 3
Journal of International Criminal Justice
Wang V, 'A Normative Case For Abolishing The Doctrine Of Extended Joint Criminal
Enterprise' (2019) 83 The Journal of Criminal Law
Winter E, 'The Accountability Of Software Developers For War Crimes Involving
Autonomous Weapons' (2021) 83 University of Pittsburgh Law Review
Cassese A, 'Amicus Curiae Brief Of Professor Antonio Cassese And Members Of The
Journal Of International Criminal Justice On Joint Criminal Enterprise Doctrine' (2019) 20
Criminal Law Forum
Acquaviva G, 'Was A Residual Mechanism For International Criminal Tribunals Really
Necessary?' (2021) 9 Journal of International Criminal Justice
Gaynor F, and Goy B, 'Current Developments At The Ad Hoc International Criminal
Tribunals' (2017) 5 Journal of International Criminal Justice