Abstract
This article uses the legal construct ‘joint criminal enterprise’ (jce) as a focal point of the tensions between international criminal law (icl) and common criminal law. Drawing on the assumption that an over-arching concept of the criminal law in genere is plausible, and that icl is a special branch stemming therefrom, the authors start by characterising jce and by assessing the possible incompatibility of some of its forms with the principles of legality, voluntary act and guilt. The authors then question whether jce could be validated under a different understanding of icl (as an autonomous legal branch, or, at least, as a special branch within criminal law abiding by different principles). Finally, it is argued that the apparent decline of jce might be another instance where icl becomes itself ‘more wholly’.
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