Abstract
”Crimes against humanity”, ”the crime of genocide” and similar criminal behaviors defined by international criminal law are usually or even necessary to have multiple participants involved. Therefore it is essential for international and national criminal justice institutions to realize the fair imputation doctrine on all individuals involved in the cases. In other words, the greatest challenge to contemporary international criminal legal theories is how to establish a theoretical framework that determines ”self responsibilities” and ”shared responsibilities” on a fair ground. The notion of JCE (Joint Criminal Enterprise” has played a significant role in this regard. In fact, hardly there's any practical examples debated in the absence of JCE notion in the practice of international criminal law. Nonetheless, the concept of JCE is also the most controversial, dissented, and least developed systematically. This article starts from reviewing the developments of JCE, further examining its applications on recent legal practice in the international criminal law arena, and finally attempting to contour JCE after it's incorporated into the Rome Statute.
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