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.
|Title of host publication||Annotated leading cases of international criminal tribunals|
|Subtitle of host publication||International Criminal Tribunal for the Former Yugoslavia, 2003|
|Editors||André Klip, Göran Sluiter|
|Place of Publication||Antwerp|
|Number of pages||6|
|Publication status||Published - 2008|
- Krnojelac case
- joint criminal enterprise
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.