Joint criminal enterprise

However, the notion of collective liability and shared punishment for the actions of others, as if all perpetrated the same deed, may be much older; for instance, it was used to justify extermination of religious and cultural groups, such as the Albigensian "Heretics" and those who harbored them.[3] The Appeals Chamber of the ICTY decided on 21 May 2003 on the following definitions:[6] The Tribunal's jurisdiction ratione personae: in order to fall within the Tribunal's jurisdiction ratione personae, any form of liability must satisfy four preconditions: (i) it must be provided for in the Statute, explicitly or implicitly; (ii) it must have existed under customary international law at the relevant time; (iii) the law providing for that form of liability must have been sufficiently foreseeable at the relevant time to anyone who acted in such a way; and (iv) such person must have been able to foresee that he could be held criminally liable for his actions if apprehended."[7] Critics have argued that joint criminal enterprise can lead to excessive legal process and punishments, that it lowers the evidential bar in favor of prosecution, and that it runs counter to the spirit of Blackstone's formulation.[16] According to the ICTY prosecutor's indictment, Milutinović et al., Nikola Šainović, Nebojša Pavković, and Sreten Lukić, along with others, participated in a joint criminal enterprise to modify the ethnic balance in Kosovo in order to ensure continued control by the FRY and Serbian authorities over the province.[19] ICTY found, in a first-instance verdict, that General Ante Gotovina participated in a joint criminal enterprise with Croatian President Franjo Tuđman with the goal to do "the forcible and permanent removal of the Serb population from the [territory occupied by the forces of the] Republic of Serbian Krajina".Nevertheless, ICTY's appeals chamber acquitted Ante Gotovina, Ivan Čermak, and Mladen Markač of all charges, including the one of participation in the joint criminal enterprise.[21] In May 2013, Jadranko Prlić and others were found guilty for taking part in the joint criminal enterprise with Tudjman for crimes committed in the Croatian Republic of Herzeg-Bosnia against Muslims."[23] In November 2017, the ICTY reaffirmed the first-instance verdict that Tudjman, as well as some other senior Croatian officials, had participated in a joint criminal enterprise with the defendants with the aim of persecuting Bosniaks.
Building of International Criminal Tribunal for the former Yugoslavia in The Hague .
Former guards of Belsen Concentration Camp load the bodies of dead prisoners onto a lorry for burial (April 1945).
Former Yugoslavia during war
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