On September 25th 2017, the Appeals Chamber of the ICTY granted leave for the submission of an amicus curiae brief on the applicability of JCE III. The brief was filed by Ms. Felicity Gerry QC and Ms. Peta-Louise Bagott on behalf of a group of academics and practitioners, including CICJ fellow Marjolein Cupido.
In particular, the amicus curiae brief seeks to submit observations on the relevance of the British case R. v Jogee for ICTY case law on the mens rea standards of JCE III. The amicus curiae brief is intended to assist the Appeals Chamber in the Karadžić case in understanding the reasoning in Jogee and in determining the relevance of this case for ICTY jurisprudence. The parties now have the ability to make written submissions on the amicus curiae brief.