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Individual Criminal Responsibility in International Law$
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Elies van Sliedregt

Print publication date: 2012

Print ISBN-13: 9780199560363

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199560363.001.0001

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Grounds for Excluding Criminal Responsibility

Grounds for Excluding Criminal Responsibility

Chapter:
(p.213) 9 Grounds for Excluding Criminal Responsibility
Source:
Individual Criminal Responsibility in International Law
Author(s):

Elies van Sliedregt

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199560363.003.0009

Codifiers in international criminal law have not been at ease with the subject of defences. They have focused on eliminating defences rather than on defining them. This chapter discusses defences that are listed in Article 31 of the International Criminal Court Statute and all have a different nature and pedigree, which accounts for a differing format in analyzing them. It looks at the text, including the drafting history, and relevant international jurisprudence. As with the modes of liability dealt with in Chapter 6, the concepts discussed have a national pedigree and are analyzed by adding a comparative perspective. Especially in an area where international practice is scant, national criminal law has an important role to play, if only for the sake of understanding the scope and content of the various concepts.

Keywords:   international criminal law, national criminal law, defences, International Criminal Court Statute, Article 31

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