Juxtaposition between the Theory of Joint Criminal Enterprise (JCE) and the Theory of Command/Superior Responsibility under International Law
Dr. Babalola Abegunde, Dr. Alfred O. Filani

Abstract
The recognition of the principle of individual responsibility for crime under international law has made it possible to prosecute and punish individuals for serious violations of international law. The legal doctrines or theories used by the international courts or tribunals have however depended on the facts and circumstances of each case. This paper is a desk-based research; it relied on both primary and secondary sources which were subjected to content and contextual analysis. This paper holistically examined the expansive theories of Joint Criminal Enterprise (JCE) as well as Command or Superior Responsibility. It appraised the legal basis, prospects as well as the rationale for these theories It also examined the future of these theories, identified some challenges and offered some recommendations.

Full Text: PDF