Abstract

Difficulties arise in the process of the judicial attribution of criminal responsibilities following the commission of international crimes such as war crimes, crimes against humanity or genocide (the so called 'core crimes'), which are characterized as mass crimes involving multi-level responsibilities. There is a tendency in international criminal law to broaden the boundaries of commission or more generally to extend the concept of perpetration for the sake of justice. A sophisticated form of co-perpetration based on the notion of control over the crime has emerged in the jurisprudence of the International Criminal Court (ICC) as a mode of liability applicable pursuant to Article 25(3)(a) of the Rome Statute in the cases of joint commission of crimes. The International Criminal Tribunal for the former Yugoslavia (ICTY) developed in its jurisprudence the 'joint criminal enterprise' doctrine (JCE) in the context of the modes of liability under Article 7(1) of the ICTY Statute. Keywords:co-perpetration; ICTY; international criminal court (ICC); international criminal law; joint criminal enterprise (JCE); Rome Statute; war crimes

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