Open AccessPosted Content
Joint Criminal Enterprise and the Jurisdiction of the Extraordinary Chambers in the Courts of Cambodia
TLDR
In this article, the applicability of Joint Criminal Enterprise (JCE) liability at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in light of the defense of nullum crimen sine lege is analyzed.Abstract:
This Article analyzes the applicability of Joint Criminal Enterprise (JCE) liability at the Extraordinary Chambers in the Courts of Cambodia (ECCC) in light of the defense of nullum crimen sine lege. In Part I, the defense of nullum crimen sine lege is laid out and divided into its constituent elements. Part II provides an overview of the post-World War II jurisprudence that has been used as the framework of modern JCE liability. Part III outlines the elements of modern JCE and discusses recent JCE-specific jurisprudence. Part IV applies the defense of nullum crimen sine lege to JCE in light of the ECCC’s temporal jurisdiction and suggests possible outcomes.read more
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Dissertation
Justice and Starvation in Cambodia: International Criminal Law and the Khmer Rouge Famine
TL;DR: In this article, a detailed history of the Khmer Rouge period famine is developed and subsequently analyzed according to current formulations of international crimes, and it is concluded that ex-Khmer Rouge leaders could likely be prosecuted for crimes against humanity, specifically those of extermination, persecution and other inhumane acts.
Joint Criminal Enterprise
TL;DR: The authors examines joint criminal enterprise as a newly emerged liability doctrine that has been playing a central role in the allocation of guilt in international criminal tribunals and may have a similar role in cases before the Court of Bosnia and Herzegovina.
Posted Content
Conceptualizing Famine as a Subject of International Criminal Justice: Towards a Modality-Based Approach
TL;DR: The authors revisited the question of potential intersections between modern international criminal law and modern famines and suggested that famine is better conceptualized as a means or modality through which atrocities may be committed, rather than trying to describe the condition of famine itself as amounting to an international crime.
BookDOI
Modes of Liability in International Criminal Law
TL;DR: In this paper, the authors present a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open.