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Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution

The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.

Identiferoai:union.ndltd.org:unt.edu/info:ark/67531/metadc9721
Date12 1900
CreatorsWilliams, Meagan
ContributorsMeernik, James David, King, Kimi, Collins, Paul
PublisherUniversity of North Texas
Source SetsUniversity of North Texas
LanguageEnglish
Detected LanguageEnglish
TypeThesis or Dissertation
FormatText
RightsPublic, Copyright, Williams, Meagan, Copyright is held by the author, unless otherwise noted. All rights reserved.

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