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, absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complicatedly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a complete picture of the relevant debates at the international level up to the present, analyzes the conflicting views, and indicates the significance of the dev...
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, absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complicatedly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a complete picture of the relevant debates at the international level up to the present, analyzes the conflicting views, and indicates the significance of the development of international rules on the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unsolved. This study is expected to present a new standpoint not only for dealing with the problem of the superior orders defense but also for reconsidering the international stipulation of rulemaking with regard to criminal matters.
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