Date of formation
Notion(s) | Filing | Case |
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Appeal Judgement - 23.01.2014 |
ŠAINOVIĆ et al. (IT-05-87-A) |
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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. |