Download or read book The Defence of Mistake of Law in International Criminal Law written by Antonio Coco and published by Oxford University Press. This book was released on 2022-07-11 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adage 'ignorance of the law is no excuse' is significantly inaccurate. Ignorance and mistake of law do, under certain circumstances, exclude responsibility both in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic, aiming to go a step further: it takes the analysis of mistake of law as a starting point for systematic observations about international criminal law in general. First, the volume defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting, most notably, its connection with superior orders. Secondly, it gives an overview of the possible approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the International Criminal Court, and it contemplates offences for which a defence of mistake of law may potentially succeed. Finally, the author tries to interpret what the rules on mistake of law applicable before international criminal tribunals imply about the purpose of punishing individuals and to the legitimacy of such punishment. Whilst the discourse on international criminal law is more and more concerned with global politics, The Defence of Mistake of Law in International Criminal Law brings back the focus on the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.
Download or read book Mistake of Law written by Annemieke van Verseveld and published by Springer Science & Business Media. This book was released on 2012-08-28 with total page 191 pages. 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.
Download or read book The Defence of Mistake of Law in International Criminal Law written by Antonio Coco (Lawyer) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defenses in Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and published by BRILL. This book was released on 2008 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Download or read book The Defence of Mistake of Law in International Criminal Law written by Antonio Coco (Lawyer) and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
Download or read book The Defence of Mistake of Law in International Criminal Law written by Antonio Coco and published by . This book was released on 2019 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Defense in International Criminal Proceedings written by Michael Bohlander and published by Martinus Nijhoff Publishers. This book was released on 2006-03-21 with total page 935 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of cases and materials attempts for the first time to provide a compendium of the most important legal texts, relevant documents and cases, as well as explanatory commentary on the law of defence in international criminal proceedings by scholars and practitioners who have a wealth of relevant experience in the field. The book provides students in law school courses on international human rights law and ICL with the essential materials to understand the vital importance of an adequate defence in international criminal proceedings. Further, the text gives legal practitioners who may consider extending their field of practice to the international level a look at the diversity of the tasks they will encounter and prepare them for the legal culture shock inevitable at the international tribunals and courts.
Download or read book General Defences in Criminal Law written by Alan Reed and published by Routledge. This book was released on 2016-04-15 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Download or read book Substantive and Procedural Aspects of International Criminal Law written by Gabrielle Kirk McDonald and published by BRILL. This book was released on 2023-05-30 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first volume of this unique two-volume work seeks for the first time to address in a comprehensive fashion both substantive and procedural aspects of international criminal law as applied by international and national courts. Substantive topics include individual criminal responsibility, genocide, war crimes, crimes against humanity, crimes against UN and associated personnel, core crimes and defenses, while procedural aspects include the right of suspects and accused, the protection of victims and witnesses, and pre-trial, trial and appeal procedures and practices. In addressing these subjects the work focuses on the practical application of the relevant norms and provides both detailed commentaries by experts in the field (Commentary volume), as well as the underlying documentation for each of the topics addressed (Documents and Cases volume). With the establishment of the International Criminal Court, the experiences of other international courts, notably the ad hoc tribunals for the former Yugoslavia and Rwanda as well as their predecessors, in addressing these issues are of great value and this work is intended to assist practitioners and scholars alike. Additionally, because national courts still have a vital role to play in the application of these norms, attention is given to prosecutions in national jurisdictions. With this work the editors seek both to assist the reader in understanding these important concepts as well as to provide the background documentation such that the reader can conduct his or her own research and come to his or her own conclusions. The print edition is available as a set of two volumes (9789041111357).
Download or read book Rethinking International Criminal Law written by Olaoluwa Olusanya and published by ISBS. This book was released on 2007 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Execution of Illegal Orders and International Criminal Responsibility written by Hiromi Sato and published by Springer Science & Business Media. This book was released on 2011-02-16 with total page 183 pages. 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.
Download or read book Defense Perspectives on International Criminal Justice written by Colleen Rohan and published by Cambridge University Press. This book was released on 2017-04-27 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the role of the defense in international criminal proceedings highlights its contribution to the development of international criminal law and the fair administration of international criminal justice. Written by leading international practitioners and scholars, it combines the practice and theory of international criminal law in order to provide a first-hand perspective on the significant challenges involved in the administration of international criminal justice. The authors examine, among other issues, the role of the defense during the different stages of international criminal proceedings, the key aspects of defense work which seek to ensure the accused's right to a fair trial, professional ethics, the United Nations Residual Mechanism for International Tribunals, and post-conviction remedies and issues relating to those serving prison sentences.
Download or read book The Relationship Between State and Individual Responsibility for International Crimes written by Beatrice Bonafè and published by BRILL. This book was released on 2009-02-23 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Download or read book The Fundamental Concept of Crime in International Criminal Law written by Iryna Marchuk and published by Springer Science & Business Media. This book was released on 2013-07-29 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Download or read book Commentary on the Law of the International Criminal Court written by Mark Klamberg and published by Torkel Opsahl Academic EPublisher. This book was released on 2017-04-29 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Individual Criminal Responsibility in International Law written by E. van Sliedregt and published by Oxford University Press. This book was released on 2012-03 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Concept of Mens Rea in International Criminal Law written by Mohamed Elewa Badar and published by Bloomsbury Publishing. This book was released on 2013-01-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to find a unified approach to the doctrine of mens rea in the sphere of international criminal law, based on an in-depth comparative analysis of different legal systems and the jurisprudence of international criminal tribunals since Nuremberg. Part I examines the concept of mens rea in common and continental legal systems, as well as its counterpart in Islamic Shari'a law. Part II looks at the jurisprudence of the post-Second World War trials, the work of the International Law Commission and the concept of genocidal intent in light of the travaux préparatoires of the 1948 Genocide Convention. Further chapters are devoted to a discussion of the boundaries of mens rea in the jurisprudence of the International Criminal Tribunals for the former Yugoslavia and Rwanda. The final chapter examines the definition of the mental element as provided for in Article 30 of the Statute of the International Criminal Court in light of the recent decisions delivered by the International Criminal Court. The study also examines the general principles that underlie the various approaches to the mental elements of crimes as well as the subjective element required in perpetration and participation in crimes and the interrelation between mistake of law and mistake of fact with the subjective element. With a Foreword by Professor William Schabas and an Epilogue by Professor Roger Clark From the Foreword by William Schabas Mohamed Elewa Badar has taken this complex landscape of mens rea at the international level and prepared a thorough, well-structured monograph. This book is destined to become an indispensable tool for lawyers and judges at the international tribunals. From the Epilogue by Professor Roger Clark This is the most comprehensive effort I have encountered pulling together across legal systems the 'general part' themes, especially about the 'mental element', found in confusing array in the common law, the civil law and Islamic law. In this endeavour, Dr Badar's researches have much to offer us.
