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Controversy re JCE III: ECCC
Prosecutor v CHEA Leang & KHIEU Samphan, Supreme Court Chamber of
the Extraordinary Chambers in the Courts of Cambodia (ECCC), 002/19-
09/2007-ECCC/SC 23 November 2016:
◦ “the decisions upon which the ICTY Appeals Chamber relied in Tadic when finding
that JCE III was part of customary international law did not constitute a
‘sufficiently firm basis’ for such a finding”
◦ “…too little was known about the Essen Lynching case and the Borkum Island
case to conclude that a notion amounting to JCE III was applied therein”
◦ “Thus the Supreme Chamber finds that criminal liability based on making a
contribution to the implementation of a common criminal purpose was, at the
time relevant to the charges at hand, limited to crimes that were actually
encompassed by the common purpose” (paragraph 807)
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