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International Criminal Law Defenses And The International Regulation Of Armed Conflicts

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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



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