The defence of 'obedience to superior orders' in international law
著者
書誌事項
The defence of 'obedience to superior orders' in international law
Oxford University Press, 2012
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The defence of "obedience to superior orders" in international law
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注記
"A reprinted edition with a new postscript preface"
Includes indexes
内容説明・目次
内容説明
The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and
nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant
today.
Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal
law.
目次
- PART I: NATIONAL LAW
- PART II: INTERNATIONAL THEORY
- PART III: INTERNATIONAL LEGISLATION, 1919-1945
- PART IV: THE CASES
- PART V: INTERNATIONAL LEGISLATION SINCE 1946
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