Defenses in Contemporary International Criminal LawThe 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. |
Contents
Methodology for Determining a Uniform System of International Criminal Law Defenses | 1 |
International Criminal Law Defenses Originating from Customary International Law | 29 |
International Criminal Law Defenses Originating from Comparative Criminal Law | 63 |
The Diverging Position of Criminal Law Defenses Before the ICTY and ICC Contemporary Developments | 127 |
Individual and Institutional Command Responsibility and the International Regulation of Armed Conflicts | 147 |
International Criminal Law Defenses and the International Regulation of Armed Conflicts | 191 |
SelfDefense by States and Individuals in the Law of War | 229 |
Contemporary and New Technical Issues of International Criminal Law Defenses | 251 |
A New Concept of International Due Process | 295 |
| 319 | |
| 329 | |
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Defenses in Contemporary International Criminal Law: Second Edition Geert-Jan Knoops Limited preview - 2008 |
Common terms and phrases
accepted according accused addition application approach armed Article assessment authority basis Bassiouni caused Chapter charged circumstances civil Code command committed common law concept conduct considered context Convention Court crimes criminal responsibility customary decision defense determine doctrine duress effective element enforcement ensure especially established European event evidence exclude existence fact fair force held human rights humanitarian ICC Statute ICTR ICTY important individual intent INTERNATIONAL CRIMINAL LAW international law involved Judge judgment judicial justice killing latter legal defenses means mental military moral multinational nature necessity norms obligation observed operations opinion particular person position practice prevent principle procedural prosecution Prosecutor protection provides punishment question reasonable refers regard respect result role rule rule of law seems self-defense situation specific standard superior orders supra note threat tion Trial Chamber tribunals United violations war crimes