Joint Criminal Enterprise and the Jurisdiction of the Extraordinary Chambers in the Courts of Cambodia

81 Pages Posted: 22 Aug 2014

See all articles by Jared L Watkins

Jared L Watkins

Cypress LLP

Randle C. DeFalco

Widener University - Widener University School of Law

Date Written: 2010

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.

Keywords: Joint Criminal Enterprise, JCE, Extraordinary Chambers, ECCC, Khmer Rouge, Nullum Crimen Sine Lege, International Modes of Liability

JEL Classification: K33

Suggested Citation

Watkins, Jared L and DeFalco, Randle C., Joint Criminal Enterprise and the Jurisdiction of the Extraordinary Chambers in the Courts of Cambodia (2010). Rutgers Law Review, Vol. 63, No. 1, 2010, Available at SSRN: https://ssrn.com/abstract=1974870

Jared L Watkins

Cypress LLP ( email )

Los Angeles, CA 90025
United States

Randle C. DeFalco (Contact Author)

Widener University - Widener University School of Law ( email )

4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States

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