Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement

One of the areas of international criminal law that has experienced a deeper evolution in the last decade is that of the applicable modes of liability other than superior responsibility. This evolution has been, to an important extent, the result of moving away from cases where the accused is a phys...

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Autor Principal: Olasolo, Hector
Formato: Artículo (Article)
Lenguaje:Inglés (English)
Publicado: Brill 2007
Materias:
Acceso en línea:https://repository.urosario.edu.co/handle/10336/28466
https://doi.org/10.1163/156753607X181587
id ir-10336-28466
recordtype dspace
spelling ir-10336-284662020-08-28T15:48:23Z Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement Reflexiones sobre el tratamiento de las nociones de control del delito y empresa delictiva conjunta en la sentencia de apelación de Staki? Olasolo, Hector International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda Control of the Crime One of the areas of international criminal law that has experienced a deeper evolution in the last decade is that of the applicable modes of liability other than superior responsibility. This evolution has been, to an important extent, the result of moving away from cases where the accused is a physical or low-level perpetrator, such as the Tadic case in the International Criminal Tribunal for the former Yugoslavia (“ICTY”) or the Akayesu case in the International Criminal Tribunal for Rwanda (“ICTR”). In this context, the Stakic´ Trial Judgement1 constituted a landmark decision insofar as it resorted for the first time in the jurisprudence of the ICTY to the notion of control of the crime. It did so with the aim to overcome some of the shortcomings of the traditional notion of joint criminal enterprise in cases against high ranking politicians and military leaders. Hence, the judgement of the Appeals Chamber in the Stakic´ case was very much expected insofar as it was supposed to deal with the issue of whether the notion of control of the crime is part of the applicable law before the ICTY. 2007-01-01 2020-08-28T15:48:15Z info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion ISSN: 1567-536X EISSN: 1571-8123 https://repository.urosario.edu.co/handle/10336/28466 https://doi.org/10.1163/156753607X181587 eng info:eu-repo/semantics/restrictedAccess application/pdf Brill Nijhoff International Criminal Law Review
institution EdocUR - Universidad del Rosario
collection DSpace
language Inglés (English)
topic International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for Rwanda
Control of the Crime
spellingShingle International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for Rwanda
Control of the Crime
Olasolo, Hector
Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
description One of the areas of international criminal law that has experienced a deeper evolution in the last decade is that of the applicable modes of liability other than superior responsibility. This evolution has been, to an important extent, the result of moving away from cases where the accused is a physical or low-level perpetrator, such as the Tadic case in the International Criminal Tribunal for the former Yugoslavia (“ICTY”) or the Akayesu case in the International Criminal Tribunal for Rwanda (“ICTR”). In this context, the Stakic´ Trial Judgement1 constituted a landmark decision insofar as it resorted for the first time in the jurisprudence of the ICTY to the notion of control of the crime. It did so with the aim to overcome some of the shortcomings of the traditional notion of joint criminal enterprise in cases against high ranking politicians and military leaders. Hence, the judgement of the Appeals Chamber in the Stakic´ case was very much expected insofar as it was supposed to deal with the issue of whether the notion of control of the crime is part of the applicable law before the ICTY.
format Artículo (Article)
author Olasolo, Hector
author_facet Olasolo, Hector
author_sort Olasolo, Hector
title Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
title_short Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
title_full Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
title_fullStr Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
title_full_unstemmed Reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the Staki? appeal judgement
title_sort reflections on the treatment of the notions of control of the crime and joint criminal enterprise in the staki? appeal judgement
publisher Brill
publishDate 2007
url https://repository.urosario.edu.co/handle/10336/28466
https://doi.org/10.1163/156753607X181587
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