Superior Orders

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

See all articles by Alexander Zahar

Alexander Zahar

Research Institute of Environmental Law - Wuhan University

Date Written: March 10, 2009

Abstract

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

Suggested Citation

Zahar, Alexander, Superior Orders (March 10, 2009). THE OXFORD COMPANION TO INTERNATIONAL CRIMINAL JUSTICE, Antonio Cassese, ed., pp. 525-527, Oxford: Oxford University Press, 2009. Available at SSRN: https://ssrn.com/abstract=1356492

Alexander Zahar (Contact Author)

Research Institute of Environmental Law - Wuhan University ( email )

Wuhan, Hubei Province
China

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