The Execution of Illegal Orders and International Criminal Responsibility

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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.

Author(s): Hiromi Sato (auth.)
Edition: 1
Publisher: Springer-Verlag Berlin Heidelberg
Year: 2011

Language: English
Pages: 175
Tags: European Law/Public International Law; International & Foreign Law/Comparative Law; Criminal Law

Front Matter....Pages i-viii
Introduction....Pages 1-14
Before the Adoption of the Nuremberg Charter....Pages 15-48
Formation of the ‘Nuremberg Principle’....Pages 49-102
After the Trials Under the Nuremberg Charter....Pages 103-146
Change of the Structure of International Legal Order and ‘Hesitation’....Pages 147-156
Back Matter....Pages 157-175