By Geert-Jan Alexander Knoops
Bankruptcy headings: technique for deciding upon a Uniform approach of overseas legal legislations Defences; foreign legal legislation Defences Originating from commonplace overseas legislation; foreign legal legislation Defences Originating From Comparative legal legislations; person and Institutional Command accountability and the overseas legislation of Armed Conflicts; foreign felony legislations Defences and the foreign law of Armed Conflicts; Self-Defence by way of States and contributors within the legislation of conflict; modern and New Technical problems with foreign felony legislation Defences; a brand new inspiration of overseas Due technique.
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Additional resources for Defenses in Contemporary International Criminal Law
In the realm of international military operations, two additional legal defenses emerge: namely the defenses of necessity and prevention of crime. Chapter III includes a discussion of the relevance of these defenses as criminal law defenses in ICL. In addition, this chapter assesses current developments regarding ICL defenses, such as the (implicit) inclusion of neurobiological and neurotoxicological defenses within the ICC Statute, encompassing a relatively new area of ICL, on which few scholarly views are available.
Criminal responsibility shall be borne where urgent danger prevention exceeds the necessary limits and causes undue harm. However, consideration shall be given according to the circumstances to imposing a mitigated punishment or to granting exemption from punishment. Morocco Article 142 of the Moroccan Penal Code of 1962 provides that there is no crime, misdemeanor, or petty offence, inter alia, when the author was, by a circumstance originating from an external cause which he could not resist, physically coerced in committing, or was placed physically in an impossible position to avoid (the commission of) the offence.
In this case, the responsibility for the acts committed under duress goes to the person who coerces. Article 46 is in the category of factors that negate the subjective element of criminal responsibility (mens rea), as opposed to Article 54(2) which justifies the actus reus and therefore negates the objective element of criminal responsibility. No offence is excepted from the operation of these two provisions. Norway Paragraph 47 of the Norwegian General Civil Penal Code (amended as at 1 July 1994) provides that: No person may be punished for any act that he has committed in order to save someone’s person or property from an otherwise unavoidable danger when the circumstances justify him in regarding this danger as particularly significant in relation to the damage that might be caused by his act.
Defenses in Contemporary International Criminal Law by Geert-Jan Alexander Knoops