Legal Definitions - joint criminal enterprise

Joint criminal enterprise (JCE) is a legal term used in international criminal law. It is a mode of liability that allows a court to hold members of a group responsible for war crimes or crimes against humanity, even if there is no evidence that they physically participated in the crimes.

JCE was created by judges on the International Criminal Tribunal for the Former Yugoslavia (ICTY). It is different from the doctrine of conspiracy in American criminal law because it requires actual perpetration of the acts, rather than just a meeting of the minds.

During the Bosnian War, a group of soldiers from a particular army unit were responsible for the massacre of civilians in a village. Although some soldiers physically participated in the killings, others did not. However, all members of the unit were found guilty of war crimes under the JCE doctrine because they were part of a joint criminal enterprise to commit the massacre.

Another example is the case of former Liberian President Charles Taylor, who was found guilty of crimes against humanity and war crimes committed during the Sierra Leone Civil War. Although Taylor did not physically participate in the crimes, he was found guilty under the JCE doctrine because he was part of a joint criminal enterprise to commit the crimes.

These examples illustrate how the JCE doctrine allows a court to hold all members of a group responsible for crimes committed by the group, even if some members did not physically participate in the crimes. This helps to ensure that those who are responsible for war crimes and crimes against humanity are held accountable for their actions.