In Search Of ‘Joint Criminal Enterprise’ In The International Crimes (Tribunals) Act 1973

Authors: Muhsina Farhat Chowdhury Published date: 15-07-2015 Status: Published

There is a need for a resonance of the doctrine of joint criminal enterprise (hereinafter, JCE) in the International Crimes (Tribunals) Act, 1973. Thus, this paper explores whether or not the 1973 Act accommodates the provision of joint criminal enterprise. There is substantial presence of the basic and systematic forms of JCE in the criminal jurisprudence of Bangladesh. Reasons are three-fold. First, the doctrine of JCE was already a settled principle of criminal liability in the criminal jurisprudence of Bangladesh during 1971; second, this doctrine in the form of common purpose liability was in practice in the post-World War II international tribunals and national courts trying international crimes of similar nature; third, the ICT Act by its very nature, purpose and language, accommodates the principle of JCE.

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