|
Joint criminal enterprise (JCE) is a legal doctrine used by the International Criminal Tribunal for the former Yugoslavia to prosecute political and military leaders for mass war crimes, including genocide, committed during the Yugoslav Wars 1991-1999. This doctrine considers each member of an organized group individually responsible for crimes committed by group within the common plan or purpose.〔(John Ciorciari, Joint Criminal Enterprise and the Khmer Rouge Prosecutions )〕 For example, "if three people commit a bank robbery and one fatally shoots a person in the process, the law considers all guilty of murder."〔(Atrocities in Yugoslavia unraveled much later )〕 The concept of "collective liability" where more than one person can share liability and punishment for the actions of another person is not universally accepted and is considered by some to be a form of human rights abuse, while others believe it is just. ==Definition== The first traces of joint criminal enterprise doctrine are identified in the post-World War II cases in which the doctrine was used under the name common purpose (or joint enterprise) or sometimes even without specific name.〔Jasmina Pjanic (OKO lawyer), (Joint Criminal Enterprise New form of individual criminal responsibility ). Retrieved 29 December 2009.〕 However, the origins of Joint Criminal Enterprise may be influenced by the Common Law of England, which introduced the principle into criminal law in the UK and other commonwealth nations such as Australia. A similar legal principle can also be found in Texas USA, known as the Law of Parties. The notion of collective liability and shared punishment for the actions of others as if all perpetrated the same deed may be much older and was used to justify extermination of religious and cultural groups, such as the Albigensian "Heretics" and those who harboured them. Critics argue that Joint Criminal Enterprise can lead to excessive legal process and punishments, that it lowers the evidential bar in favour of prosecution, and that it runs counter to the spirit of Blackstone's Formulation. Supporters argue that it ensures those contributing to or instigating a criminal act are properly made to account for their involvement. The first reference to joint criminal enterprise and its constituent elements was provided in Tadic case 1999.〔 The Appeals Chamber of the ICTY decided on 21 May 2003 on the following definitions:〔ICTY Appeals Chamber "(Decision on Dragoljub Ojdanic's Motion Challenging Jurisdiction - Joint Criminal Enterprise )", The Prosecutor v. Milutinovic et al. - Case No. IT-99-37-AR72, 21 May 2003〕 Writing about this finding in the Journal of International Criminal Justice in 2004 Steven Powles (a barrister who has appeared as a defence council in matters before the ICTY and the Special Court for Sierra Leone) states that the Appeals Chamber was obliged to make this declaration because there was no specific mention of "joint criminal enterprise" in the court's statutes and that "this is not ideal () criminal law, especially international criminal law, requires clear and certain definitions of the various bases of liability, so as to enable the parties, both the prosecution and, perhaps more importantly, the defence to prepare for and conduct the trial."〔Steven Powles,''(Joint Criminal Enterprise )'' Journal of International Criminal Justice 2004 2(2):606-619; 〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「joint criminal enterprise」の詳細全文を読む スポンサード リンク
|