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Paper Information

Journal:   CRIMINAL LAW DOCTRINES   fall 2018-winter 2019 , Volume - , Number 16 ; Page(s) 3 To 38.

Responsibility Based on Joint Criminal Enterprise in International Criminal Law

Author(s):  Rashnoudi aref, Ardebili Muhammad Ali
Joint criminal enterprise is now one of the most important forms of criminal responsibility in international criminal law. One of the most important reasons for this is the suitability of this form of responsibility، with the method of committing international crimes. Because of the crimes with the presence of superiors (including political، military and administrative officials) as the leader and often committed، they should be grouped and based on a common plan and in a broad area. Considering the widespread use of this form of criminal responsibility by prosecuting authorities for accountability to defendants of group crimes and on the other hand، there are many challenges in the legal foundations of this form of responsibility and its comprehensive interpretation by the prosecution authorities in the exclusive courts (Yugoslavia and Rwanda) and، consequently، the hybrid courts (the Special Court for Sierra Leone، the Extraordinary Chambers of Cambodia and the Courts of Cambodia). . . ) caused. In the wider context of this form of responsibility، by scholars of law، lawyers and academia، scientific and judicial criticism. Much of the criticism about the fact that، When the Yugoslav court accepted this form of responsibility for the case Tadic، at the time، this form of liability was not accepted in customary international law، and many critics do not regard this form of responsibility as the result of customary international law، but also consider it a form of judicial innovation beyond the scope of the Statute of the court Yugoslavia and customary international law. Therefore، the cause of research in this field is the identification of challenges and legal and scientific ambiguities Which the International Criminal Tribunals are responsible for dealing with this way. The achievements of this study are mainly to identify the concept of criminal responsibility based on joint criminal enterprise and determine the elements of this form of responsibility in international criminal law.
Keyword(s): Forms of criminal responsibility,Joint criminal enterprise,International crimes,Constituent elements,Scientific-judicial criticism,International criminal law
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