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The Execution of Illegal Orders and International Criminal Responsibility

2011-02-16 Law
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Release : 2011-02-16
Genre : Law
Kind : eBook
Book Rating : 535/5 ( reviews)

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Book Synopsis The Execution of Illegal Orders and International Criminal Responsibility by : Hiromi Sato

Download or read book The Execution of Illegal Orders and International Criminal Responsibility written by Hiromi Sato. This book was released on 2011-02-16. Available in PDF, EPUB and Kindle. Book excerpt: The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.

Mistake of Law

2012-08-28 Law
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Release : 2012-08-28
Genre : Law
Kind : eBook
Book Rating : 674/5 ( reviews)

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Book Synopsis Mistake of Law by : Annemieke van Verseveld

Download or read book Mistake of Law written by Annemieke van Verseveld. This book was released on 2012-08-28. Available in PDF, EPUB and Kindle. Book excerpt: When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

International Crime and Punishment

2003 History
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Release : 2003
Genre : History
Kind : eBook
Book Rating : 708/5 ( reviews)

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Book Synopsis International Crime and Punishment by : Sienho Yee

Download or read book International Crime and Punishment written by Sienho Yee. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt: "International crime and punishment has captivated (or recaptivated) our attention since the early 1990s. Both the substantive contents of international crimes and the ways and means of punishing them have given us a great deal of food for thought. The entry into force on July 1, 2002 of the Rome Statute of the International Criminal Court has spurred further soul searching on these issues. This collection presents some voices in this debate. The issues tackled herein are among the more difficult and the less-treated ones. They relate to the definition of aggression, mistake of law as a defense, the doctrine of command responsibility, and the International Committee of the Red Cross as a witness before international criminal tribunals. These are more or less unsettled issues, and they cry out for rigorous treatment." -- from the Preface, p. [v].

Individual Criminal Responsibility in International Law

2012-03-01 Law
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Release : 2012-03-01
Genre : Law
Kind : eBook
Book Rating : 755/5 ( reviews)

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Book Synopsis Individual Criminal Responsibility in International Law by : Elies van Sliedregt

Download or read book Individual Criminal Responsibility in International Law written by Elies van Sliedregt. This book was released on 2012-03-01. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of individual criminal responsibility for serious violations of international law, i.e. aggression, genocide, crimes against humanity and war crimes. Such crimes are rarely committed by single individuals. Rather, international crimes generally connote a plurality of offenders, particularly in the execution of the crimes, which are often orchestrated and masterminded by individuals behind the scene of the crimes who can be termed 'intellectual perpetrators'. For a determination of individual guilt and responsibility, a fair assessment of the mutual relationships between those persons is indispensable. By setting out how to understand and apply concepts such as joint criminal enterprise, superior responsibility, duress, and the defence of superior orders, this work provides a framework for that assessment. It does so by bringing to light the roots of these concepts, which lie not merely in earlier phases of development of international criminal law but also in domestic law and legal doctrine. The book also critically reflects on how criminal responsibility has been developed in the case law of international criminal tribunals and courts. It thus illuminates and analyses the rules on individual responsibility in international law.

Superior Orders in National and International Law

1976-06-15 Law
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Release : 1976-06-15
Genre : Law
Kind : eBook
Book Rating : 063/5 ( reviews)

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Book Synopsis Superior Orders in National and International Law by : Leslie C. Green

Download or read book Superior Orders in National and International Law written by Leslie C. Green. This book was released on 1976-06-15. Available in PDF, EPUB and Kindle. Book excerpt:

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