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Full-Text Articles in Law

Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin Dec 2014

Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin

Jens David Ohlin

Both the ICTY and the ICC have struggled to combine vertical and horizontal modes of liability. At the ICTY, the question has primarily arisen within the context of ‘leadership-level’ JCEs and how to express their relationship with the Relevant Physical Perpetrators of the crimes. The ICC addressed the is-sue by combining indirect perpetration with co-perpetration to form a new mode of liability known as indirect co-perpetration. The following article argues that these novel combinations — vertical and horizontal modes of liability — cannot be simply asserted; they must be defended at the level of criminal law theory. Unfortunately, courts that …


The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin Dec 2014

The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin

Jens David Ohlin

No abstract provided.


Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin Dec 2014

Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin

Jens David Ohlin

This article dissects the Tadic court’s argument for finding the doctrine of joint criminal enterprise in the ICTY Statute. The key arguments are identified and each are found to be either problematic or insufficient to deduce the doctrine from the statute: the object and purpose of the statute to punish major war criminals, the inherently collective nature of war crimes and genocide and the conviction of war criminals for joint enterprises in World War II cases. The author criticizes this overreliance on international case law and the insufficient attention to the language of criminal statutes when interpreting conspiracy doctrines. The …


Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin Sep 2012

Second-Order Linking Principles: Combining Vertical And Horizontal Modes Of Liability, Jens David Ohlin

Cornell Law Faculty Publications

Both the ICTY and the ICC have struggled to combine vertical and horizontal modes of liability. At the ICTY, the question has primarily arisen within the context of ‘leadership-level’ JCEs and how to express their relationship with the Relevant Physical Perpetrators of the crimes. The ICC addressed the is-sue by combining indirect perpetration with co-perpetration to form a new mode of liability known as indirect co-perpetration. The following article argues that these novel combinations — vertical and horizontal modes of liability — cannot be simply asserted; they must be defended at the level of criminal law theory. Unfortunately, courts that …


The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin Jan 2008

The Co-Perpetrator Model Of Joint Criminal Enterprise, Jens David Ohlin

Cornell Law Faculty Publications

No abstract provided.


Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin Mar 2007

Three Conceptual Problems With The Doctrine Of Joint Criminal Enterprise, Jens David Ohlin

Cornell Law Faculty Publications

This article dissects the Tadic court’s argument for finding the doctrine of joint criminal enterprise in the ICTY Statute. The key arguments are identified and each are found to be either problematic or insufficient to deduce the doctrine from the statute: the object and purpose of the statute to punish major war criminals, the inherently collective nature of war crimes and genocide and the conviction of war criminals for joint enterprises in World War II cases. The author criticizes this overreliance on international case law and the insufficient attention to the language of criminal statutes when interpreting conspiracy doctrines. The …


Where An Ongoing Joint Criminal Enterprise Exists, What Is Necessary To Bring About Its Termination As A Matter Of Law Or To Terminate An Individual’S Membership In The Joint Criminal Enterprise?, Michael A. Glazer Jan 2006

Where An Ongoing Joint Criminal Enterprise Exists, What Is Necessary To Bring About Its Termination As A Matter Of Law Or To Terminate An Individual’S Membership In The Joint Criminal Enterprise?, Michael A. Glazer

War Crimes Memoranda

No abstract provided.