The Doctrine of “Joint Criminal Enterprise”: Criminal Liability of the Military-Political Leadership of the Armed Conflict Opposing Party for Committing War Crimes

Authors

Hayk GRIGORYAN Investigative Committee of the RA

DOI:

https://doi.org/10.24234/wisdom.v15i2.345

Keywords:

international crimes, international criminal law, international criminal court, qualification of war crimes

Abstract

The article analyzes the mechanisms of bringing the military and political leadership of the opposing party of the armed conflict to criminal liability through the doctrine of "joint criminal enterprise", which is used in International criminal law, considering that the acts committed by this category of individuals, as a rule, are subject to investigation by international criminal tribunals on the basis of definitions developed by international practice. The analysis carried out by the Author also enables to propose scientifically substantiated recommendations on the qualification of the acts conducted by the military and political leadership of the opposing party, which form corpus delicti of various military and international crimes according to the rules of complicity provided for by the national legislation of the Republic of Armenia.

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Author Biography

Hayk GRIGORYAN, Investigative Committee of the RA

(PhD in Law) is the Chairman of the Investigative Committee of the Republic of Armenia, Third Class State Adviser of Justice. His areas of interest include criminal law, international criminal law, international public law, criminalistics, criminology. He is the author of 45 scientific articles and works.

References

Dershowitz, N. (2012). Doktrina “sovmestnikh prestupnikh deystviy” v resheniyakh mezhdunarodnogo tribunala po bivshey Yugoslavii (Doctrine of Joint Criminal Enterprise in Judgements of International Tribunal for Former Yugoslavia, in Russian). Mejdunarodniy tribunal po bivshey Yugoslavii: Deyatelnost. Rezul’tati. Effektivnost. (International Tribunal for Former Yugoslavia: Activities, Results, Effectiveness) (pp. 23-30). Moscow: Indrik.

Seth, L. (2020). War. In E. N. Zalta (Ed.), The Stanford Encyclopedia of Philosophy. Retrieved June 25, 2020 from: https://plato.stanford.edu/archives/spr2020/entries/war/.

Vakhrushev, V. (1999). Lokal’nye voiny i vooruzhennye konflikty: kharakter i vliyanie na voennoe iskusstvo (Local Wars and Armed Conflicts: the Nature and Influence on the Military Art, in Russian). Voennaya misl’ (Military Thought), 4, 20-28.

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Published

2020-08-25

How to Cite

GRIGORYAN, H. (2020). The Doctrine of “Joint Criminal Enterprise”: Criminal Liability of the Military-Political Leadership of the Armed Conflict Opposing Party for Committing War Crimes. WISDOM, 15(2), 140–146. https://doi.org/10.24234/wisdom.v15i2.345

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Issue

Vol. 15 No. 2 (2020): 2-2020

Section

Articles

License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

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