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Superior orders (Criminal law) --- Administrative responsibility --- Liability (Law) --- Criminal law --- Fait du prince (Droit pénal) --- Responsabilité administrative --- Responsabilité (Droit) --- Superior orders (Criminal law) --- Criminal law --- Administrative responsibility --- Liability (Law) --- Superior orders (Criminal law) --- Administrative responsibility --- Liability (Law) --- Criminal law --- Germany
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This treatise on the forms of criminal responsibility arising from violations of international humanitarian law examines the evolution of personal responsibility and its contemporary application to war crimes, crimes against humanity and genocide. It traces the origin and development of such concepts as direct participation, ordering, complicity and inciting. The work includes extensive analysis of the jurisprudence of the International Criminal Tribunals for Yugoslavia and Rwanda and the International Criminal Court, aswell as a variety of other legal material.
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Superior orders (Roman law) --- Duress (Law) --- Roman law --- Contrainte (Droit) --- Fait du prince (Droit pénal) --- Droit romain
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This book offers a unique comparison between state and individual responsibility for international crimes and examines the theories that can explain the relationship between these two regimes. The study provides a comprehensive and systematic analysis of the relevant international practice from the standpoint of both international criminal law, and in particular the case law of international criminal tribunals, and state responsibility. The author shows the various connections and issues arising from the parallel establishment of state and individual responsibility for the commission of the same international crimes. These connections indicate a growing need to better co-ordinate these regimes of international responsibility. The author maintains that a general conception, according to which state and individual responsibility are two separate sets of secondary rules attached to the breach of the same primary norms, can help to solve the various issues relating to this dual responsibility. This conception of the complementarity between state and individual responsibility justifies co-ordination and consistent application of these two different regimes, each of which aims to foster compliance with the most important obligations owed to the international community as a whole.
Criminal liability (International law) --- International crimes --- Government liability (International law) --- Administrative responsibility --- Superior orders (Criminal law) --- Complementarity (International law) --- Administrative responsibility. --- Government liability. --- International crimes. --- International offenses. --- Complementarity (International law). --- Criminal liability (International law). --- Government liability (International law). --- Superior orders (Criminal law). --- Criminal law --- Justification (Law) --- Personal liability of public employees --- Responsibility, Administrative --- Tort liability of public employees --- Administrative law --- Liability (Law) --- Government immunity --- Government liability --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Constitutional law --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- International law --- Crimes, International --- International crime --- International offenses --- Crime --- Law and legislation
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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.
Criminal Law. --- Law. --- Superior orders (Criminal law) --- Command responsibility (International law) --- Criminal liability (International law) --- Law, Politics & Government --- Law, General & Comparative --- International crimes. --- Crimes, International --- International crime --- International offenses --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Public international law. --- Human rights. --- International humanitarian law. --- International criminal law. --- International Criminal Law. --- International Humanitarian Law, Law of Armed Conflict. --- Public International Law. --- Private International Law, International & Foreign Law, Comparative Law. --- Human Rights. --- Crime --- International law --- International Criminal Law . --- Public International Law . --- Private International Law, International & Foreign Law, Comparative Law . --- Criminal Law and Criminal Procedure Law. --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Public law --- Criminal justice, Administration of --- Criminal procedure --- Law and legislation --- Legal status, laws, etc. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Law of nations --- Nations, Law of --- Public international law --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Criminal law, International --- ICL (International criminal law) --- Criminal law --- Criminal jurisdiction --- International crimes --- Civil law
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