Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

International Criminal Law Defenses Originating From Customary International Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

In the identification process of defenses in international criminal law (ICL), a distinction has to be made between, on the one hand, the evolution of defenses from customary international law-i.e. obedience of superior orders in connection with the concept of command responsibility, as well as duress and immunity of heads of state-and, on the other hand, legal defenses in ICL emerging from the discipline of comparative criminal law. The purpose of this chapter is to catalogue all ICL defenses with sources in customary international law. The implementation of the defense of duress before international tribunals as being a legal, permanent and independent defense is an appropriate accommodation to the complex interrelation with the non-physical element of mens rea. The concept of criminal responsibility of heads of state, as well as the exclusion of the defense of sovereign immunity, evolved more pronouncedly at the outbreak of World War II.

Keywords: command responsibility; customary international law; duress; heads of state; international criminal law (ICL); legal defenses; mens rea; sovereign immunity; superior orders



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Defenses in Contemporary International Criminal Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation