Justice and Law Legal Journal

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NEED FOR CREATION
AND USAGE OF
THE JOINT CRIMINAL
ENTERPRISE DOCTRINE
IN THE INTERNATIONAL
CRIMINAL LAW
GEORGE DGEBUADZE
Doctoral Candidate, The University of Georgia
The following article is dedicated to the issue of personal liability in International
Criminal Law, in other words the doctrine of Joint Criminal Enterprise.
According to the International Criminal law joint crime involves coperpetration
by a large group of people with common goal, where compared
to the national law system, it is more difficult to identify the responsible
persons. This makes the issue of personal liability even more vague and difficult
to determine. One of the tools for solving this legal issue is the doctrine
of the Joint Criminal Enterprise developed by the Appeals Chamber of
the International Criminal Tribunal of the former Yugoslavia. This doctrine
enables to apply criminal liability to a large group of people.
The article reviews the Dusko Tadic’s Case. During the qualification of the
mentioned case, the Appeals Chamber of International Criminal Tribunal
for the Former Yugoslavia used the doctrine of Joint Criminal Enterprise
for the first time and formulated 3 categories of it: 1. I category – basically
referred as JCE – deals with the situation when all the defendants are acting
in the framework of the common plan and according to the common goal;
2) II Category – systemic JCE – is characterized with “systemic cruelty, violence”,
primarily a phenomena such as a concentration camp. 3), III category
– extended/advanced JCE – when the group of people in the framework of
the common goal are committing an act not envisaged ender the plan.
Though there is some negative attitude towards the doctrine of JCE, it
has still found relevant place in the common international criminal law.
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