Cookies Policy
X

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 And The International Regulation Of Armed Conflicts

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

This chapter first examines the present doctrine and jurisprudence of the ad hoc tribunals and International Criminal Court (ICC) Statute as to the legitimacy of the defenses of superior orders and duress in the area of armed conflicts and connected war crimes. Second, it intends to determine whether this doctrine and jurisprudence comply with the principle of legality as well as other principles of law. Finally, the chapter investigates if customary international law standards, such as the Rules of Engagement (ROE), in casu legal standards to be pursued by military commanders during (multi) national (peacekeeping-) enforcement operations, may be accorded to the accused in the context of duress, superior orders or perhaps self-defense. There are two further aspects of the subject of defenses related to the regulation of armed conflicts that are certainly worthy of separate treatment: defenses of necessity and prevention of crime.

Keywords: ad hoc tribunals; armed conflicts; defense of duress; defense of necessity; defense of prevention of crime; defense of superior orders; individual self-defense; International Criminal Court (ICC); principle of legality; war crimes

10.1163/ej.9781571051585.i-334.44
/content/books/10.1163/ej.9781571051585.i-334.44
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

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