THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL JUSTICE, Antonio Cassese, ed., pp. 525-527, Oxford: Oxford University Press, 2009
3 Pages Posted: 18 Mar 2009 Last revised: 4 Nov 2015
Date Written: March 10, 2009
A summary of the history of the defence of superior orders and of its present status in international criminal law. The author argues that its exclusion from the statutes of the ICTY and ICTR was an ill-informed decision, and that its partial-only restoration in the ICC statute represents a hesitation that is politically motivated and intellectually indefensible.
Keywords: Defences, superior orders, ICTY, ICTR, ICC, mistake of law, command responsibility, war crimes, genocide, crimes against humanity
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