Joint criminal enterprise

Joint criminal enterprise is a legal doctrine first articulated by the  Appeals Chamber of the International Criminal Tribunal for the former Yugolsiaviai (ICTY). The ICTY Appeals Chamber has held that participation in a joint criminal enterprise constitutes a mode of liability in the form of commission. Both the ECCC Pre-Trial and Trial Chambers have similarly found participation in a joint criminal enterprise to amount to commission within the scope of Article 29 (new) of the ECCC law the firts two categories of joint criminal enterprise, commonly refererred as JCE I and JCE II.• The basic category or JCE I, involving cases where all participants act pursuant to a common purpose and share the same criminal intene4;• The systemic category or JCE II, referring to instances of systemic ill-treatment in organized institutions, such as concentration camps; andThe following category of joint criminal enterprise has been rejected by the ECCC Pre-Trial and Trial Chamber, and the applicability of this extended form of joint criminal enterprise is currently the subject of an appeal from the Co-Prosecutors pending before the ECCC Supreme Court Chamber in Case 002/01:• The extended form or JCE III, entailing liability of the members of the group for acts that occur as a natural and foreseeable consequence of carrying out the common purpose of the group. To be found liable under this extended form of JCE, it must be shown than an Accused intended to participate in and further criminal activity of a group, and to contribute to its joint criminal enterprise. It must also be shown that it was foreseeable that a crime outside the scope of this agreement might be perpetrated by one or other members of the group and that the Accused willingly took the risk that this would occur.

Appeal judgement in Case 002/01 scheduled for 23 November

Mon, 09/12/2016 - 23:45

The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has announced that it will pronounce its judgement on the appeals in Case 002/01 against Nuon Chea and Khieu Samphan on Wednesday, 23 November at 9:00 am in the main courtroom of the ECCC.

First appeal hearings scheduled in Case 002/01

Thu, 06/04/2015 - 12:49

The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) has scheduled the first hearings relating to appeals in Case 002/01 to hear the testimony of three  witnesses, which it decided to call by decision of 29 May 2015. The hearings are scheduled to take place from 09:00 – 16:00 on 2, 3 and 6 July 2015, with 7 July as a reserve day, should additional time be required.

Co-Investigating Judges issue order regarding Joint Criminal Enterprise

Wed, 12/09/2009 - 00:00

An Order from the Co-Investigating Judges, dated 8 December 2009, finds that the form of liability known as Joint Criminal Enterprise (JCE) applies for international crimes prosecuted before the ECCC.

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Text Document Judgement in Case 001

2010-07-26

E188

Text Document Co-Prosecutors’ Appeal Against the Judgment of the Trial Chamber in Case 002/01

2014-11-28

F11
Text Document Judgement in Case 001

2010-07-26

E188

All transcripts

All witnessess