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32 Pace Int'l L. Rev. 1 (2019-2020)

handle is hein.journals/pacinlwr32 and id is 1 raw text is: 






     BRINGING THE BOSSES TO
     INTERNATIONAL CRIMINAL
  TRIALS: THE PROBLEMS WITH
  JOINT CRIMINAL ENTERPRISE
  AND THE CONTROL OVER THE
        CRIME APPROACH AS A
        BETTER ALTERNATIVE
        Dr. Juan-Pablo   P6rez-Le6n-Acevedo*

                     ABSTRACT

    Similar to most international and hybrid criminal tribunals,
the International Criminal Tribunal for the former Yugoslavia
used the doctrine or theory of Joint Criminal Enterprise (JCE)
as a mode of liability when prosecuting and convicting those
most  responsible, namely, state and non-state political and
military leaders, in cases of international crimes. Against such
background, the main  research questions of this article are
whether  JCE  should  be applied in  cases of those most
responsible for international crimes and whether JCE should be
replaced by the control over the crime approach. Overall, this
article argues and finds two main points. First, JCE presents
major issues when applied to cases involving senior leaders.
Second, as done by  the International Criminal Court, JCE


   1 * Dr. Juan-Pablo P6rez-Le6n-Acevedo is a researcher at PluriCourts: The
Legitimacy of the International Judiciary (Research Council of Norway Project
Number 223274), Faculty of Law, University of Oslo where he has also lectured
in international law courses and supervises master's degree theses. He holds
a doctoral degree in social sciences (international law) (Abo Akademi
University, Finland); a LLM degree (Columbia University, USA); a
professional title of lawyer and an LLB degree (Catholic University of Peru).
E-mail: j.p.p.l.acevedo@jus.uio.no A part of this article was done during the
author's research stay at the Department of Criminal Law of the Max Planck
Institute for Foreign and International Criminal Law (Freiburg, Germany). He
served in different capacities at the International Criminal Court, the
International Criminal Tribunal for the Former Yugoslavia, etc. The opinions
expressed in this article are the author's own and do not necessarily reflect the
views of the qhove-montioned institutions.


1

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