Date of formation

Notion(s) Filing Case
Appeal Judgement - 23.01.2014 ŠAINOVIĆ et al.

609. […] The Appeals Chamber recalls that JCE liability requires “the existence of a common purpose which amounts to, or involves, the commission of a crime” and that the common purpose need not be previously arranged or formulated; it may materialise extemporaneously.[1] Thus, while the existence of a common purpose at the time of the crimes is one of the elements of JCE liability, the date of its formation is not.[2] […]

[1] Brđanin Appeal Judgement, para. 418. See also Stakić Appeal Judgement, para. 64; Tadić Appeal Judgement, para. 227(ii). See also Vasiljević Appeal Judgement, paras 100, 109.

[2] See Brðanin Appeal Judgement, paras 364, 418; Stakić Appeal Judgement, para. 64; Kvočka et al. Appeal Judgement, para. 81; Vasiljević Appeal Judgement, para. 100; Tadić Appeal Judgement, para. 227. 

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