Abstract

http://ssrn.com/abstract=962136
 
 

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Defenses to War Crimes: A Conceptual Overview


Anthony D'Amato


Northwestern University - School of Law

Febraury 1, 2007

Northwestern Public Law Research Paper No. 07-04

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.

Number of Pages in PDF File: 24

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Date posted: February 8, 2007  

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: http://ssrn.com/abstract=962136 or http://dx.doi.org/10.2139/ssrn.962136

Contact Information

Anthony D'Amato (Contact Author)
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
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