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

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

Criminal defenses to international crimes are the most important instrument for defense counsels operating before International Criminal Tribunals (ICTS) to challenge a charge. This chapter addresses the criminal law defenses: procedural defenses; justifications; excuses; alibi defenses. Procedural defenses are abstracted from the question of guilt or innocence in criminal proceedings; rather they revolve around the accused's fair trial rights that have been violated by claiming that procedural rules have not been respected or that the accused has been unjustly singled out in the criminal proceedings. Superior orders predominantly evolved from the proceedings at the International Military Tribunal (IMT). Yoram Dinstein suggests that the rationale of superior orders has its effect on the mens rea of an individual which could lead to full exoneration. Alibi defenses actually amount to a refutation of the charges based on the establishment of certain facts making it improbable that the accused physically committed the crime.

Keywords: alibi defenses; International Criminal Tribunals (ICTS); International Military Tribunal (IMT); mens rea; procedural defenses; superior orders; Yoram Dinstein



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:
    An Introduction to the Law of International Criminal Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation