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War Crimes Memoranda

Jacqueline C. Greene

Statutory Interpretation Regarding Joint Criminal Enterprise and Roots in Codes of Superior Responsibility Doctrine. Does Article 3(1)(b) of the STL Statute refer to the Joint Criminal Enterprise doctrine (JCE) or to another mode of liability? If this provision does not refer to JCE, what was the intent of the drafters of the Statute regarding the meaning of this provision? What support is there for the proposition that the doctrine of superior responsibility is rooted in national criminal and military codes? Which ones? Is it possible to find concordant law-cases issued before February 14 2005 by national courts from different legal systems which establishes that superior responsibility as set out in Article 3 of the STL Statute is applicable to terrorists acts, murder or other crimes within the jurisdiction of the STL?

Publication Date

2010

Document Type

Memo

Included in

Criminal Law Commons, International Law Commons

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