Crimes committed by participants in a JCE of vast scope
|Decision on Jurisdictional Appeals - 12.04.2006||
KAREMERA et al.
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.”
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.
 Prosecutor v. Karemera et al., Case No. ICTR-98-44, Decision on Defence Motion Challenging the Jurisdiction of the Tribunal – Joint Criminal Enterprise Rules 72 and 73 of the Rules of Procedure and Evidence, 5 August 2005, para. 4 (internal footnotes omitted).