عنوان مقاله [English]
نویسندگان [English]چکیده [English]
International crimes typically occur in a wide range. Breadth of scope involved many persons in committing these crimes in a way that adds a large number indirectly and directly. Participant’s involvement in physical commitment, causational, assistant, commendation, (order) excitation and group membership can be shared in the criminality. International courts have made many efforts in order to substantiation of criminal justice and punish all people involved in these crimes. These include efforts by appealing to notions such as "membership in a criminal organization," "conspiracy" and theory of “joint criminal enterprise". In this paper, of the latter concepts, briefly and only to explanation the principles and background the theory of "joint criminal enterprise” is discussed and the main emphasis will be on explaining the recent theory. Doctrine that international courts in interpreting three different species have concluded and according to different situations, and it's one of the culprits have been a pretext to achieving the goal no punishment stay of offenders. But this theory and its species didn’t make firm on solid position because there are strong criticisms that it has been noticed. These criticisms sometimes have revealed severe criticism of the aforesaid theory to the fundamental concepts of criminal law.