Date of formation » ICTR/ICTY/IRMCT Case Law Database

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Introduction

The Case Law Database (“CLD”) is a gateway to the jurisprudence of the ICTR, ICTY, and IRMCT Appeals Chambers.

It provides direct access to extracts of key judgements and decisions rendered by the ICTR, ICTY, and IRMCT Appeals Chambers since their inception, as well as to full-text versions of the corresponding appeal judgements and decisions.

Users can conduct quick searches by notions, cases names, titles of filings, date (in year-month-day format), statutes, rules, and other instruments through the “Basic Search” page. In addition, refined searches in all fields of the database can be conducted through the “Advanced Search” feature.

Please note that the CLD does not include confidential decisions and restatements of established case law and does not necessarily contain all notable rulings by the Appeals Chambers of the ICTR, the ICTY, and the IRMCT. For exact numbering of footnotes, refer to full documents.

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Date of formation

Notion(s)	Filing	Case
Joint criminal enterprise \| Common purpose \| Date of formation	Appeal Judgement - 23.01.2014	ŠAINOVIĆ et al. (IT-05-87-A)
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] […] show footnotes [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. Download full document