Notion(s) Filing Case
JCE Decision - 21.05.2003 MILUTINOVIĆ et al.

23.     […] Whilst conspiracy requires a showing that several individuals have agreed to commit a certain crime or set of crimes, a joint criminal enterprise requires, in addition to such a showing, that the parties to that agreement took action in furtherance of that agreement.[1]  In other words, while mere agreement is sufficient in the case of conspiracy, the liability of a member of a joint criminal enterprise will depend on the commission of criminal acts in furtherance of that enterprise. […]

[1]    XV Law Reports of Trials of War Criminals, pp 95 and 97.  According to the United Nations War Crimes Commission, “the difference between a charge of conspiracy and one of acting in pursuant of a common design is that the first would claim that an agreement to commit offences had been made while the second would allege not only the making of an agreement but the performance of acts pursuant to it.” (ibid, pp 97-98). 

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