The doctrine of joint criminal action in the ad hoc tribunals and its scope in the Rome Statute

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2014
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Abstract
The first judgment of the International Criminal Court has confirmed that article 25 (3) of the Rome Statute adopts the theory of control of the act to distinguish between principals and accessories. On the contrary, since 2003, the ad hoc tribunals’ case law bases the notion of co-perpetration on the Joint Criminal Enterprise doctrine, using a subjective criterion approach. In this article we will first analyze the problems raised by that case law of the ad hoc tribunals, and then, we will study the article of the Rome Statute which apparently most resembles the Joint Criminal Enterprise doctrine: article 25 (3) (d). The article concludes that none of the three categories of that doctrine is included in the said provision.
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odriozolagurrutxaga2014theanuario Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Odriozola-Gurrutxaga, Miren;
Journal anuario iberoamericano de derecho internacional penal
Year 2014
DOI
DOI not found
URL
http://revistas.urosario.edu.co/index.php/anidip/article/view/2861
Keywords
Medicine public aspects of medicine social pathology. social and public welfare. criminology criminal law and procedure

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