Conspiracy in International Law

This review examines the function of conspiracy in international law, with particular reference to the jurisprudence of international ad hoc tribunals. It compares and contrasts the function of conspiracy law in the prosecution of international crimes before the International Military Tribunal (IMT) at Nuremberg following World War II, where the concept gave rise to a remarkably innovative and highly controversial conspiracy theory that revolved around the concept of “criminal organization,” and the function of conspiracy law in the prosecution of international crimes before the International Criminal Tribunal for the Former Yugoslavia (ICTY) at The Hague, where the concept has left a mark on a similarly innovative and equally controversial conspiracy theory that revolves around the concept of “joint criminal enterprise.” By tracing the function of conspiracy, this most controversial of U.S. legal transplants, in the international system, the review illuminates the significance of group dynamics in international law.