Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
Ignorance and mistake of law tend to exclude responsibility in national and international criminal law. This monograph updates the existing reviews of law and practice on the topic and focuses on the appropriateness of imposing a guilty verdict on the individual defendant.
Antonio Coco is a Lecturer at the School of Law, University of Essex. He is also a Visiting Fellow at the Oxford Institute for Ethics, Law, and Armed Conflict (Blavatnik School of Government, University of Oxford). Previously, Antonio was a Departmental Lecturer in Public International Law at the Faculty of Law, University of Oxford, and a Junior Research Fellow at St. Peter's College, Oxford. Antonio holds a PhD in Law from the University of Geneva, an LL.M. in International Humanitarian Law and Human Rights from the Geneva Academy, and a master's degree in Law from the University of Catania.
Inhaltsangabe
* Introduction * 1. Object, Scope, and Aim of the Monograph * 2. Importance of this Study in View of Individuals Difficulty to Know and Understand Provisions of International Criminal Law * 3. Methodology * 4. Challenges and Disclaimers * 5. A Few Words of Caution about Terminology * Chapter 1: A General Definition of the Defence of Mistake of Law * 1. Meaning and Rationale of a Defence of Mistake of Law * 2. The Evolution towards Accepting a Defence of Mistake of Law in National Criminal Law * 3. Mistake of Law as an Excuse or as a 'Denial of Mens Rea' Defence? * 4. Distinguishing Mistake of Law from Cognate Defensive Arguments * Chapter 2: Mistakes of Law Excluding Criminal Responsibility in Domestic Criminal Law * 1. Exonerating Value Attached to the Mistake s Character * 2. Exclusion of Responsibility Based on a Special Mental Element Requirement * 3. Mistake of Law on the Existence of a Justification * 4. Mistakes of Law Based on the 'Estoppel' or 'Reliance' Rationale * 5. Lessons from National Cases on International Crimes from the Inter-War and Post-World War II era * 6. A Bridge towards International Criminal Law * Chapter 3: Mistake of Law at the International Criminal Court and other International Criminal Tribunals * 1. The Context: Mistake of Law at International Criminal Tribunals Other than the International Criminal Court * 2. A Short Introduction to Article 32 ICC Statute and a Quick Comparison with Domestic Approaches to Mistake of law * 3. The Build-up to Article 32 ICC Statute: Drafting History of the Provision * 4. A Ground for Excluding Responsibility: Mistakes Negating Mens Rea * 5. Article 33 ICC Statute and Mistakes about the Lawfulness of Superior or Government Orders * 6. Mistake of Law beyond Article 32(2) and Article 33 ICC Statute * 7. Mistake of Law in Mitigation of Punishment * 8. The Burden of Proving the Defendant's Guilt * 9. Offences Susceptible to a Mistake of Law within the ICC Statute * 10. Taking Stock of the ICC Approach to Mistake of Law * Chapter 4: The Message of Rules on Mistake of Law * 1. Punishing Those Who Are Mistaken about the Law: What For? * 2. The Significance of the Rules on Mistake of Law for the Legitimacy of Punishment Imposed by International Criminal Tribunals * 3. Wrapping Up: On Pragmatism and the Balance between Punishment and Blame * Conclusion
* Introduction * 1. Object, Scope, and Aim of the Monograph * 2. Importance of this Study in View of Individuals Difficulty to Know and Understand Provisions of International Criminal Law * 3. Methodology * 4. Challenges and Disclaimers * 5. A Few Words of Caution about Terminology * Chapter 1: A General Definition of the Defence of Mistake of Law * 1. Meaning and Rationale of a Defence of Mistake of Law * 2. The Evolution towards Accepting a Defence of Mistake of Law in National Criminal Law * 3. Mistake of Law as an Excuse or as a 'Denial of Mens Rea' Defence? * 4. Distinguishing Mistake of Law from Cognate Defensive Arguments * Chapter 2: Mistakes of Law Excluding Criminal Responsibility in Domestic Criminal Law * 1. Exonerating Value Attached to the Mistake s Character * 2. Exclusion of Responsibility Based on a Special Mental Element Requirement * 3. Mistake of Law on the Existence of a Justification * 4. Mistakes of Law Based on the 'Estoppel' or 'Reliance' Rationale * 5. Lessons from National Cases on International Crimes from the Inter-War and Post-World War II era * 6. A Bridge towards International Criminal Law * Chapter 3: Mistake of Law at the International Criminal Court and other International Criminal Tribunals * 1. The Context: Mistake of Law at International Criminal Tribunals Other than the International Criminal Court * 2. A Short Introduction to Article 32 ICC Statute and a Quick Comparison with Domestic Approaches to Mistake of law * 3. The Build-up to Article 32 ICC Statute: Drafting History of the Provision * 4. A Ground for Excluding Responsibility: Mistakes Negating Mens Rea * 5. Article 33 ICC Statute and Mistakes about the Lawfulness of Superior or Government Orders * 6. Mistake of Law beyond Article 32(2) and Article 33 ICC Statute * 7. Mistake of Law in Mitigation of Punishment * 8. The Burden of Proving the Defendant's Guilt * 9. Offences Susceptible to a Mistake of Law within the ICC Statute * 10. Taking Stock of the ICC Approach to Mistake of Law * Chapter 4: The Message of Rules on Mistake of Law * 1. Punishing Those Who Are Mistaken about the Law: What For? * 2. The Significance of the Rules on Mistake of Law for the Legitimacy of Punishment Imposed by International Criminal Tribunals * 3. Wrapping Up: On Pragmatism and the Balance between Punishment and Blame * Conclusion
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