Defenses to War Crimes: A Conceptual Overview
24 Pages Posted: 8 Feb 2007
Date Written: Febraury 1, 2007
Abstract
As international criminal law continues to grow in importance, defenses to charges of war crimes are taking on a generic standardization that covers prosecutions in national courts as well as in international tribunals. This paper briefly discusses the most important defenses and their theoretical interconnections. Substantive defenses include superior orders, command responsibility, tu quoque, military necessity, proportionality, and reprisals. Jurisdictional defenses applicable in national tribunals include personal jurisdiction, subject-matter jurisdiction, and double jeopardy.
Suggested Citation: Suggested Citation
D'Amato, Anthony, Defenses to War Crimes: A Conceptual Overview (Febraury 1, 2007). Northwestern Public Law Research Paper No. 07-04, Available at SSRN: https://ssrn.com/abstract=962136 or http://dx.doi.org/10.2139/ssrn.962136
Feedback
Feedback to SSRN
If you need immediate assistance, call 877-SSRNHelp (877 777 6435) in the United States, or +1 212 448 2500 outside of the United States, 8:30AM to 6:00PM U.S. Eastern, Monday - Friday.