The Appeals Chamber held that “customary international law permits imposition of third category JCE liability on an accused for crimes committed by fellow participants in a JCE of ‘vast scope’” (para. 12).  Accordingly, the Appeals Chamber upheld (paras 12-18) the Trial Chamber’s decision not to find that third category JCE liability can be imposed only when the JCE is “limited to a specific operation and a restricted geographical area, and where the Accused was not structurally remote from the actual perpetrators of the crimes.”[1] 

The Appeals Chamber, however, cautioned that (para. 17):

Third category JCE liability can be imposed only for crimes that were foreseeable to an accused. In certain circumstances, crimes committed by other participants in a large-scale enterprise will not be foreseeable to an accused.