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International Criminal Justice at the Yugoslav Tribunal: A Judge's Recollection

Mohamed Shahabuddeen

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199670826
eISBN:
9780191751523
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670826.001.0001
Subject:
Law, Public International Law, Criminal Law and Criminology

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International ... More


The Plea of Superior Orders in the Hong Kong Trials

Bing Bing Jia

in Hong Kong's War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199643288
eISBN:
9780191749070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199643288.003.0006
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter surveys the fate of the plea of superior orders in the Hong Kong trials through several points of reference: when raised as a defence with and without duress; when raised in conjunction ... More


Defenses

Kevin Jon Heller

in The Nuremberg Military Tribunals and the Origins of International Criminal Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199554317
eISBN:
9780191728624
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554317.003.0014
Subject:
Law, Public International Law, Criminal Law and Criminology

Defences to criminal conduct are often an overlooked aspect of international criminal law. As this chapter explains, that weakness does not apply to the Nuremberg Military Tribunals, which generated ... More


General Principles of Liability and Defences

Neil Boister and Robert Cryer

in The Tokyo International Military Tribunal - A Reappraisal

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199278527
eISBN:
9780191706950
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278527.003.0009
Subject:
Law, Public International Law

This chapter focuses on the general principles of criminal liability as interpreted and applied by the Tokyo IMT. It looks, therefore, at inculpatory doctrines and defences. On the former side, it ... More


Abraham and Antigone: Two Conflicting Imperatives

Antonio Cassese

in The Human Dimension of International Law: Selected Papers of Antonio Cassese

Published in print:
2008
Published Online:
March 2012
ISBN:
9780199232918
eISBN:
9780191696572
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232918.003.0024
Subject:
Law, Public International Law

Abraham and Antigone are the mythic emblems of two possible ‘answers’ to ‘superior orders’. Myth and poetry show, in sublimated and dramatic idiom, two kinds of reaction, both of them ‘human’, to the ... More


Procedure

Dean Aszkielowicz

in The Australian Pursuit of Japanese War Criminals, 1943-1957: From Foe to Friend

Published in print:
2017
Published Online:
January 2018
ISBN:
9789888390724
eISBN:
9789888390427
Item type:
chapter
Publisher:
Hong Kong University Press
DOI:
10.5790/hongkong/9789888390724.003.0004
Subject:
History, Asian History

The Australian prosecutions were a difficult balance of several competing imperatives. The government, military, legal professionals and the public all, on balance, called for trials that were fair ... More


Punishing and Preventing War Crimes

Matthew Talbert and Jessica Wolfendale

in War Crimes: Causes, Excuses, and Blame

Published in print:
2018
Published Online:
October 2018
ISBN:
9780190675875
eISBN:
9780190675905
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190675875.003.0008
Subject:
Philosophy, Moral Philosophy

Chapter 7 turns to the question of the punishment and prevention of war crimes. While the bases of legal liability for participation in war crimes are complex, our account of responsibility has ... More


Coerced Harm Jurisprudence in Ḥanafism and Shāfiʿism

Mairaj U. Syed

in Coercion and Responsibility in Islam: A Study in Ethics and Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198788775
eISBN:
9780191830846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788775.003.0007
Subject:
Law, Philosophy of Law

This chapter considers Ḥanafite and Shāfiʿite arguments on whether the coerced or the coercer ought to be held morally and legally responsible in the case of rape and murder. On rape, the debate ... More


Defining Coercion in Shāfiʿism

Mairaj U. Syed

in Coercion and Responsibility in Islam: A Study in Ethics and Law

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198788775
eISBN:
9780191830846
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198788775.003.0005
Subject:
Law, Philosophy of Law

This chapter introduces the Shāfiʿite legal tradition. It notes that Shāfiʿite coercion jurisprudence was not as complex as Ḥanafism’s because Shāfiʿites took a straightforward approach to speech ... More


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