24 Pages Posted: 8 Feb 2007
Date Written: Febraury 1, 2007
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
The Historical Origins, Convergence and Interrelationship of International Human Rights Law, International Humanitarian Law, International Criminal Law and Public International Law and Their Application from at Least the Nineteenth Century
By Kevin Heller