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.
| Original language | English |
|---|---|
| Title of host publication | The Oxford Companion to International Criminal Justice |
| Editors | Antonio Cassese |
| Place of Publication | UK |
| Publisher | Oxford University Press |
| Pages | 525-527 |
| Number of pages | 3 |
| ISBN (Print) | 9780199238316 |
| Publication status | Published - 2009 |
Keywords
- defences
- superior orders
- ICTY
- ICTR
- ICC
- mistake of law
- command responsibility
- war crimes
- genocide
- crimes against humanity