Joint Criminal Enterprise

The concept of joint criminal enterprise (JCE) has been regarded as one of the most important modes of liability in ICL, which some scholars and practitioners have praised for ‘ensuring that individual culpability is not obscured in the fog of collective criminality and accountability evaded’. Indeed, ever since it was first articulated by the ICTY Appeals Chamber in the Tadić case, JCE liability has been widely applied in the case law of both the ICTY and the ICTR, and it was subsequently also adopted by the SCSL, the ECCC and the STL. Nowadays, it is well established that JCE is a form of co-perpetration, which applies in cases where a plurality of individuals share a common criminal purpose and coordinate efforts to commit its underlying crime.