The Defence of Mistake of Law in International Criminal Law

Diplôme Thèse The Defence of Mistake of Law in International Criminal Law eng 2019-03-29 author Coco Antonio 763102 director Gaeta Paola 664253 director Roth Robert 25577 10.13097/archive-ouverte/unige:120397 urn:nbn:ch:unige-1203978 D. 965 This thesis explores the defence of mistake of law in the context of international criminal proceedings, especially at the International Criminal Court (ICC). In so doing, it first defines the contours of the defence of mistake of law in general theory of criminal law, distinguishing it from cognate defences and highlighting its connection with superior orders. Secondly, the thesis gives an overview of the possible normative approaches to the defence, offering examples from national law as terms of reference for the subsequent analysis of international criminal law. Thirdly, it surveys the relevant law and practice of international criminal tribunals, with a focus on the ICC, and it contemplates offences for which a defence of mistake of law may actually succeed. Fourthly, this thesis draws on the previous analysis, making some observations about the source of international criminal tribunals' legitimacy and about the purpose of punishing individuals at the international level. Mistake Mistake of law International criminal law International crimes Theory Criminal law International criminal court International criminal tribunals Legitimacy Purposes of punishment Public international law War crimes Crimes against humanity Dewey 340 5 Faculté de droit 5 false b042cb8b-bb66-4819-ae3b-ebab6cd74d36 Thesis Restricted Coco_Mistake_of_Law_12.6.2019.pdf 2496241 application/pdf Private 2019-12-12 1f1bede6f685af934476799d76f6fef7dcfa13d4cf68978067ce7a10ab7c6f5e restrictedAccess Faculté de droit

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The Defence of Mistake of Law in International Criminal Law				2019	941	21

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Coco, Antonio