Joint Criminal Enterprise (JCE)

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Joint Criminal Enterprise is a form of liability created by the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia in the case of Prosecutor v. Tadic in 1999. The ECCC Co-Prosecutors publicly announced that they had sought to apply this form of liability at the ECCC in a press release dated 19 July 2007. The IENG Sary Defence challenged its application at the ECCC which was established to bring to trial those who allegedly committed crimes in 1975-1979. Parallel to the Defence challenge, the OCIJ declined to charge Duch with JCE in the Closing Order ending the judicial investigation in that case. The OCP appealed this decision of the OCIJ. The IENG Sary Defence was not permitted to file submissions on the application of JCE in that appeal, despite requesting to do so.

IENG Sary’s Submission on Applicable Law in Case 002/01

Date: 18 January 2013

Joint Criminal Enterprise at the ECCC by Michael G. Karnavas

Date: 3 December 2012

IENG Sary’s Supplementary Observations on the Application of the Theory of Joint Criminal Enterprise at the ECCC – Annex1: Introduction

Date: 24 November 2011

Decision on the applicability of joint criminal enterprise

Date: 12 September 2011

IENG Sarys Request for Leave to Reply and Reply to the Civil Parties Brief in Support of the Co-Prosecutors Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability

Date: 5 August 2011

IENG Sary’s Response to the Co-Prosecutors Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability – Annex1

Date: 22 July 2011

IENG Sary’s Response to the Co-Prosecutors Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability – Annex 2

Date: 22 July 2011

IENG Sary’s Response to the Co-Prosecutors Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability – Annex 3

Date: 22 July 2011

IENG Sarys Response to the Co-Prosecutors Request for the Trial Chamber to Consider JCE III as an Alternative Mode of Liability

Date: 22 July 2011

IENG Sary’s Reply to the Combined Response by Advocats Sans Frontières France Co-Lawyers for the Civil Parties to the Appeals by Ieng Sary, Ieng Thirith and Nuon Chea against the Co-Investigating Judges’ Closing Order

Date: 13 December 2010