Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution

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The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal ... continued below

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Williams, Meagan December 2008.

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  • Williams, Meagan

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Description

The development of joint criminal enterprise at the International Criminal Tribunal for the Former Yugoslavia (ICTY) has been controversial since the doctrine was first created in 1997. For the judgments rendered by the ICTY to be perceived as legitimate, the doctrines used to bring charges against defendants must also be perceived as legitimate. The purpose of my thesis is to study the application of joint criminal enterprise at the ICTY and examine how the doctrine has influenced the length of sentences given. I find that joint criminal enterprise may be influencing longer sentences and the three categories of joint criminal enterprise are being used differently on defendants of different power levels. By empirically analyzing the patterns developing at the ICTY, I can see how joint criminal enterprise is influencing sentencing and the fairness of trials.

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UNT Theses and Dissertations

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  • December 2008

Added to The UNT Digital Library

  • Sept. 9, 2009, 2:31 p.m.

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  • Oct. 8, 2009, 1:59 p.m.

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Citations, Rights, Re-Use

Williams, Meagan. Judicial Creativity or Justice Being Served? A Look at the Use of Joint Criminal Enterprise in the ICTY Prosecution, thesis, December 2008; Denton, Texas. (digital.library.unt.edu/ark:/67531/metadc9721/: accessed October 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; .