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The Defence of Mistake of Law in International Criminal Law - A Study on Ignorance and Blame (Hardcover)
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The Defence of Mistake of Law in International Criminal Law - A Study on Ignorance and Blame (Hardcover)
Series: Oxford Monographs in International Humanitarian & Criminal Law
Expected to ship within 12 - 19 working days
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The adage 'ignorance of the law is no excuse' is significantly
inaccurate. Ignorance and mistake of law do, under certain
circumstances, exclude responsibility both in national and
international criminal law. This monograph updates the existing
reviews of law and practice on the topic, aiming to go a step
further: it takes the analysis of mistake of law as a starting
point for systematic observations about international criminal law
in general. First, the volume defines the contours of the defence
of mistake of law in general theory of criminal law, distinguishing
it from cognate defences and highlighting, most notably, its
connection with superior orders. Secondly, it gives an overview of
the possible approaches to the defence, offering examples from
national law as terms of reference for the subsequent analysis of
international criminal law. Thirdly, it surveys the relevant law
and practice of international criminal tribunals, with a focus on
the International Criminal Court, and it contemplates offences for
which a defence of mistake of law may potentially succeed. Finally,
the author tries to interpret what the rules on mistake of law
applicable before international criminal tribunals imply about the
purpose of punishing individuals and to the legitimacy of such
punishment. Whilst the discourse on international criminal law is
more and more concerned with global politics, The Defence of
Mistake of Law in International Criminal Law brings back the focus
on the appropriateness of imposing a guilty verdict on the
individual defendant, a human being constituting the basic unit of
each society.
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