To What Degree is the Concept of Extended Joint Criminal Enterprise Coherent? A Discussion with Regard to the International Criminal Tribunal of the Former Yugoslavia

Abstract

Joint Criminal Enterprise (JCE) is a mode of liability designed to capture the individual’s relationship to a crime committed by a group, including—in its ‘extended form’, also known as JCE III—crimes committed by other individuals in that group that were foreseen as possible, even if not likely. Although the ICTY made no mention of JCE in its statutes, the court introduced JCE and extended JCE in the Tadić case (1999). This article examines the use of the concepts and defends them against complaints by various critics. It concludes by supporting their use in the International Criminal Court.