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The Execution of Illegal Orders and International Criminal Responsibility (Hardcover, 2011 ed.)
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The Execution of Illegal Orders and International Criminal Responsibility (Hardcover, 2011 ed.)
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The legal consequence of the superior orders defense has long been
debated as one of the major problems in international criminal law.
Several controversial issues such as the immunity of the state, the
absolute character of military discipline, and immunity on the
grounds of mistake of law and/or coercion have been complexly
interwoven in the debates. The Execution of Illegal Orders and
International Criminal Responsibility provides a comprehensive
portrait of the relevant debates at the international level up to
the present, analyzes the conflicting views, and shows the
significance of the development of international rules for the
superior orders defense as well as the implication of the fact that
issues concerning some detailed or related rules have been left
unresolved. This study presents to present a new standpoint not
only on dealing with the problem of the superior orders defense but
also on reconsidering the international stipulation of rulemaking
with regard to criminal matters.
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