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Conspiracy, Common Plan, And Joint Criminal Enterprise Liability

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Chapter Summary

This chapter explores the development and evolution under international criminal law of conspiracy, common plan, and joint criminal enterprise liability. The inchoate offense of conspiracy and the accompanying mode of criminal liability featured strongly in the preparatory work for Nuremberg but played only a marginal role in the final judgment. Participation in a common criminal plan provided the basis of conviction in several prominent post-Second World War trials. The chapter also discusses the joint criminal enterprise, the far-reaching form of criminal liability that has become the centerpiece of many contemporary prosecutions under international criminal law. Joint criminal enterprise liability is not expressly provided for in the Statutes of the Ad Hoc Tribunals or the Special Court for Sierra Leone, and the customary law basis of the extended form is indeed questionable.

Keywords: Ad Hoc Tribunals; common criminal plan; conspiracy; international criminal law; joint criminal enterprise liability; Special Court for Sierra Leone



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