Commentary on the judgment of the ICTY Appeals Chamber in the case of Prosecutor v. Milorad Krnojelac

Alexander Zahar

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The judgment of the ICTY Appeals Chamber in the Krnojelac case in September 2003 underscores the fact that the ICTY Trial Chambers still, at that stage, had no grip on the doctrine of joint criminal enterprise (JCE) that had been cobbled together four years earlier by the Appeals Chamber in the Tadic case. In Krnojelac, the Appeals Chamber once again usurped the role of the Trial Chamber and applied a refurbished JCE doctrine to factual findings it had not itself made. Krnojelac's term of imprisonment was doubled, in this appeal, to 15 years.
Original languageEnglish
Title of host publicationAnnotated leading cases of international criminal tribunals
Subtitle of host publicationInternational Criminal Tribunal for the Former Yugoslavia, 2003
EditorsAndré Klip, Göran Sluiter
Place of PublicationAntwerp
PublisherIntersentia
Pages841-846
Number of pages6
Volume14
ISBN (Print)9789050957892
Publication statusPublished - 2008

Keywords

  • Krnojelac case
  • ICTY
  • joint criminal enterprise
  • Tadic

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  • Cite this

    Zahar, A. (2008). Commentary on the judgment of the ICTY Appeals Chamber in the case of Prosecutor v. Milorad Krnojelac. In A. Klip, & G. Sluiter (Eds.), Annotated leading cases of international criminal tribunals: International Criminal Tribunal for the Former Yugoslavia, 2003 (Vol. 14, pp. 841-846). Antwerp: Intersentia.