Leave has been granted to a team of academics and practitioners including BSQ partner Roger Sahota who have filed a legal motion challenging the application of JCE (Joint Criminal Enterprise) theory at the International Criminal Tribunal for the Former Yugoslavia and the other ad hoc tribunals.

The Rules of Procedure and Evidence of the Court allow amicus curiae observations where they are deemed desirable for the proper determination of the case. Both the Karadzic defence team and the Office of the Prosecutor have been ordered to file submissions in response within 30 days.

The filing raises questions arising from the judgement of the UK Supreme Court and Judicial Committee of the Privy Council (“UKSC”) in R v Jogee;1 Ruddock v The Queen2 (“Jogee”) concerning the mens rea (subjective element) of the third category of common purpose liability (“JCE-III”) as it exists at customary international law (“CIL”).

The filing is available here.