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Halilovic´, Case No. IT-01-48-T, Judgement, 16 November 2005, para. 94 n. 215. , Prosecutor v. Kvocˇka, Radic´, Zˇigic´, and Prcac´, Case No. IT-98-30/1-A, Judgement, 28 February 2005 (‘Kvocˇka et al. Appeal Judgement’), para. 90; Blasˇkic´ Appeal Judgement, supra note 1616, para. 48; Prosecutor v. Krnojelac, Case No. IT-97-25-A, Judgement, 17 September 2003 (‘Krnojelac Appeal Judgement’), para. 84. Kvocˇka et al. Appeal Judgement, supra note 18, para. 251; Krnojelac Appeal Judgement, supra note 18, para.

80; Krnojelac Appeal Judgement, supra note 46, para. 29; Blagojevic´ and Jokic´ Trial Judgement, supra note 46, para. 695. Tadic´ Appeal Judgement, supra note 3, para. 194. 51 Ibid. , para. 195. 3 of this chapter. 57 One problematic aspect is that, as in Furundzˇija, there is a persistent confusion between the potentially very different notions of liability for participation in a common purpose or design, on the one hand, and liability for co-perpetration, on the other. For example, Tadic´ discusses, as support for the existence of the first category, the British Military Court case of Sandrock and others.

Milutinovic´, Sˇainovic´ and  Ojdanic´, Case No. IT-99-37-AR72, Decision on Dragoljub Ojdanic´’s Motion Challenging Jurisdiction – Joint Criminal Enterprise, 21 May 2003 (‘Milutinovic´ et al. JCE Appeal Decision’), para. 36 (‘the phrases ‘‘common purpose’’ . . and ‘‘joint criminal enterprise’’ . . refer to one and the same thing’). See infra text accompanying notes 455–591 (section discussing the Brdanin Trial Judgement’s attempt to  restrain JCE); text accompanying notes 600–603 (discussing the Stakic´ Trial Judgement’s disapproval of JCE because of its overtones of group criminality, or the impression that liability is imposed for mere membership in a criminal organisation); Prosecutor v.

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Diritto Internazionale by Conforti


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