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Have the International Criminal Tribunal for Yugoslavia (ICTY) judges exercised their judicial discretion fairly? A case study of the formulation and application of Joint Criminal Enterprise (JCE)

Puchooa, P; (2016) Have the International Criminal Tribunal for Yugoslavia (ICTY) judges exercised their judicial discretion fairly? A case study of the formulation and application of Joint Criminal Enterprise (JCE). Doctoral thesis , UCL (University College London). Green open access

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Abstract

This thesis examines how judges at the International Criminal Tribunal for Yugoslavia (ICTY) have exercised their discretion in formulating and applying the criminal doctrine of Joint Criminal Enterprise (JCE). The principal goal is to explore whether judicial discretion has been exercised fairly. This thesis is accordingly divided into four Parts. Part 1 explains what it means to exercise discretion fairly in interpreting law at the ICTY. It examines how discretion was present at the ICTY, explores what fairness means in practice and outlines how differences in legal culture influence the exercise of discretion. Part 2 then applies this meaning to evaluate the formulation of JCE. It questions whether the judges exercised their discretion fairly. In doing so, it reveals several flaws of the literature and more importantly draws attention to new material which ICTY judges did not take into account. Part 3 then examines the fairness in applying JCE. Part 4 provides conclusions regarding the fairness of JCE’s formulation and application. It also revisits discussions regarding the influence of legal culture at the ICTY which Part 1 discussed. It explores whether any of these discussions influenced the exercise of discretion in formulating and applying JCE.

Type: Thesis (Doctoral)
Title: Have the International Criminal Tribunal for Yugoslavia (ICTY) judges exercised their judicial discretion fairly? A case study of the formulation and application of Joint Criminal Enterprise (JCE)
Event: UCL
Open access status: An open access version is available from UCL Discovery
Language: English
UCL classification: UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1503976
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