Commentary on the Judgment of the ICTY Appeals Chamber in the Case of Prosecutor v. Milorad Krnojelac
ANNOTATED LEADING CASES OF INTERNATIONAL CRIMINAL TRIBUNALS, Vol. 14: INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, 2003, André Klip and Göran Sluiter, eds., pp. 841-846, Intersentia, 2008
6 Pages Posted: 12 Mar 2009 Last revised: 4 Nov 2015
Date Written: December 1, 2008
The judgment of the ICTY Appeals Chamber in the Krnojelac case in September 2003 underscores the fact that the ICTY Trial Chambers still, at that stage, had no grip on the doctrine of joint criminal enterprise (JCE) that had been cobbled together four years earlier by the Appeals Chamber in the Tadic case. In Krnojelac, the Appeals Chamber once again usurped the role of the Trial Chamber and applied a refurbished JCE doctrine to factual findings it had not itself made. Krnojelac's term of imprisonment was doubled, in this appeal, to 15 years.
Keywords: Krnojelac case, ICTY, joint criminal enterprise, Tadic
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