Extended Joint Criminal Enterprise in International Criminal Law

Abstract

This article examines the doctrine of extended joint criminal enterprise (‘JCE’) as a mode of liability within international criminal law (‘ICL’). The article first provides an overview of extended JCE based on its current expression in international customary law by the International Criminal Tribunal for the Former Yugoslavia in the Tadić case. Consideration will then turn to the problems associated with the application of extended JCE. In particular, recent developments in the United Kingdom in the case of R v Jogee will be discussed, and the implications for the future of extended JCE in ICL as a matter of international custom. Next, the viability of the JCE doctrine will be considered for the purposes of proceedings before the International Criminal Court (‘ICC’). Ultimately, it is concluded that extended JCE has a limited jurisprudential basis before the ICC. However, it is suggested that extended JCE may live on through art 25(3)(d) of the Rome Statute.