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

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