The Execution of Illegal Orders and International Criminal Responsibility PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Execution of Illegal Orders and International Criminal Responsibility PDF full book. Access full book title The Execution of Illegal Orders and International Criminal Responsibility by Hiromi Sato. Download full books in PDF and EPUB format.
Author: Hiromi Sato
Publisher: Springer Science & Business Media
ISBN: 3642167535
Category : Law
Languages : en
Pages : 175
Get Book
Book Description
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.
Author: Hiromi Sato
Publisher: Springer Science & Business Media
ISBN: 3642167535
Category : Law
Languages : en
Pages : 175
Get Book
Book Description
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.
Author: Annemieke van Verseveld
Publisher: Springer Science & Business Media
ISBN: 9067048674
Category : Law
Languages : en
Pages : 191
Get Book
Book Description
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.
Author: Sienho Yee
Publisher: University Press of America
ISBN: 9780761825708
Category : History
Languages : en
Pages : 186
Get Book
Book Description
"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].
Author: Olaoluwa Olusanya
Publisher: ISBS
ISBN: 9789076871752
Category : Law
Languages : en
Pages : 232
Get Book
Book Description
After a long period of relative stagnation, substantive international criminal law has been invigorated primarily by the activities of the International Criminal Tribunals for the former Yugoslavia and Rwanda. Both ad hoc tribunals have made immense advancements to this area of international criminal law by, for instance, laying down detailed rules on what constitutes culpable conduct and when responsibility should be attributed for the conduct of others. These important advances notwithstanding, much remains in flux. The elements of the core international crimes are still subject to controversy. Theories of individual criminal responsibility, such as command responsibility and joint criminal enterprise, are highly controversial. There is as yet no knowledge of how international offenses should be graded according to different levels and degrees of culpability and harm. This book brings together a team of researchers and practitioners from the field of international criminal law, concerned with a new international agenda of refining substantive international criminal law. The diverse topics examined include the superior orders defense, the mental element, the defense of mistake, command responsibility, the crime of aggression, and the principle of legality.
Author: Jérôme de Hemptinne
Publisher: Cambridge University Press
ISBN: 9781108492171
Category : Law
Languages : en
Pages : 0
Get Book
Book Description
Presently, many of the greatest debates and controversies in international criminal law concern modes of liability for international crimes. The state of the law is unclear, to the detriment of accountability for major crimes and of the uniformity of international criminal law. The present book aims at clarifying the state of the law and provides a thorough analysis of the jurisprudence of international courts and tribunals, as well as of the debates and the questions these debates have left open. Renowned international criminal law scholars analyze, in discrete chapters, the modes of liability one by one; for each mode they identify the main trends in the jurisprudence and the main points of controversy. An introduction addresses the cross-cutting issues, and a conclusion anticipates possible evolutions that we may see in the future. The research on which this book is based was undertaken with the Geneva Academy.
Author: Héctor Olásolo
Publisher: Bloomsbury Publishing
ISBN: 1847315089
Category : Law
Languages : en
Pages : 396
Get Book
Book Description
As shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Author: Leslie C. Green
Publisher: BRILL
ISBN: 9789028604063
Category : Law
Languages : en
Pages : 406
Get Book
Book Description
Author: Jean-Marie Henckaerts
Publisher: Cambridge University Press
ISBN: 0521808995
Category : Law
Languages : en
Pages : 610
Get Book
Book Description
Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.
Author: E. van Sliedregt
Publisher: Oxford University Press
ISBN: 0199560366
Category : History
Languages : en
Pages : 370
Get Book
Book Description
Atrocities such as genocide or crimes against humanity are usually committed by a large number of perpetrators. Moreover, those who masterminded the crimes may not have actively participated. This book sets out how these people can be held responsible for their crimes by international criminal tribunals.
Author: Juliet R. Amenge Okoth
Publisher: Springer
ISBN: 9462650179
Category : Law
Languages : en
Pages : 219
Get Book
Book Description
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.
