speaks on ...
speaks on ...
the potential harm of joint criminal enterprise as legal principle
My point of view is that probably at this point in time, if you ask the Prosecutor, ask the judge, (____), “If we are to close down today, what would be the hallmark, what would be the legacy?” They will name a series of cases, “We tried this (___), we tried this.” Yes, but what are the principles of law that you laid down in the trial of this case?
Yes, some of the principles are balanced, some are consistent with the attainment of international legal principles but some have done a lot of harm. And I say joint criminal enterprise has a potential that if anybody should put your name, say, “Well, you were never there, you were American,” joint criminal enterprise it is a web that can sweep just any person depending on the whims and caprice of the judge, that particular judge where he stands.
No, that is not a legacy. That is not even the principle that can help the world. It would do more harm.
Charles Taku speaks on...
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November 3, 2008
Voices from the Rwanda Tribunal team