Excusable evil
Subtitle: an analysis of complete defenses in international criminal law
By: Maartje Krabbe
Series: School of human rights research series -- volume 50; School of Human Rights Research series -- v. 50.
Publisher: Intersentia
Published: 2014
Place of publication: Cambridge, United Kingdom; Antwerp; Portland
Language: eng
Number of pages: 395
ISBN-13: 9781780682044
Copyright date: 2014
Subjects: Criminal liability (International law); Defense (International criminal procedure)
Description: "Could Hitler have pleaded insanity? Can a soldier participating in a massacre claim duress because his superior forced him? In domestic criminal law complete defenses, such as insanity and duress, are relatively common legal concepts. But what is the role of these arguments in international criminal law? Can horrific large-scale crimes, such as genocide and crimes against humanity, ever be excused? This book provides an analysis of cases featuring complete defenses before international criminal courts (IMT, IMTFE, ICTY, ICTR and ICC). The conclusion of the analysis is that international criminal courts recognize most complete defenses in principle. However, they consistently reject them in practice. Courts thus tend to say: "Insanity is available as a complete defence ... but not in this case." This conclusion raises questions as to the compatibility between complete defenses and international crimes: When they are never accepted in practice, should such defenses be available at all?"--
Notes: Originally presented as the author's thesis (doctoral)--Universiteit Maastricht, 2014.

Includes bibliographical references (pages 383-392).
Table of contents: title: A theoretical background on complete defenses --; title: Self-defense --; title: Consent --; title: Insanity --; title: Intoxication --; title: Mistake --; title: Superior orders and prescription of law --; title: Necessity and duress --; title: Belligerent reprisals --; title: Tu quoque --; title: Other possible complete defenses in international criminal law --; title: Should complete defenses apply to international crimes? --; title: How should complete defenses be applied under international criminal law (in general)? --; title: How should complete defenses be applied under international criminal law (for each defense)?