The Development of the Concept of Joint Criminal Enterprise at the International Criminal Tribunal for the Former Yugoslavia

Abstract

International Criminal Law Review 5: 167–201, 2005. 167 © 2005 Koninklijke Brill NV. Printed in the Netherlands. 1 Article 7(1) reads: “a person who planned, instigated, ordered, committed or otherwise aided and abetted in the planning, preparation or execution of a crime referred to in articles 2 to 5 of the present Statue, shall be individually responsible for the crime.” 2 ICTY-Appeals Chamber, Prosecutor v. Dusko Tadic a/k/a Dule, Judgment (Case No. IT-94- 12-A), 15.7.1999 (in the following: Tadic Appeal Judgment), para. 185–236. It should be men- tioned that earlier Trial decisions already used terms such as “common purpose” or