ICC urged to adopt joint criminal enterprise for prosecuting masterminds

The International Criminal Court (ICC) is being urged to adopt the "Joint Criminal Enterprise" (JCE) doctrine as a mode of criminal liability in its statute to effectively prosecute those who mastermind mass atrocities. While international tribunals and national courts have successfully used JCE to hold orchestrators accountable, the ICC has yet to incorporate this approach.

A recent study by Kevin Aquilina of the University of Malta and Klejda Mulaj from the University of Exeter highlights the risks of JCE falling into disuse if the ICC does not adopt it. The study suggests that integrating JCE into the ICC's Rome Statute, specifically under Article 25(3)(a), would enable the court to prosecute high-ranking officials and military officers who play a role in planning and executing mass atrocities.

Dr. Mulaj emphasised the importance of JCE in achieving restorative justice for victims, asserting that true healing in societies affected by such crimes requires the punishment of those responsible, both directly and indirectly. The study argues that the inclusion of JCE would strengthen the ICC’s ability to deliver justice and act as a deterrent against future atrocities.

The researchers hope that their proposals will be considered at an upcoming ICC Review Conference. They warn that without this reform, JCE could become obsolete, undermining efforts to achieve comprehensive justice in international law.