University of Guilan
University of Guilan Press

 Statistics

Number of Journals32
Number of Issues840
Number of Articles8,153
Article View52,502,735
PDF Download8,896,678
Parastesh, R., Nazarinejad, M. (2013). Foundations and Conditions of Attribution to Superior Defense in International Criminal Law. Aquatic Physiology and Biotechnology, 4(2), 227-254.
Reza Parastesh; Mohammad Reza Nazarinejad. "Foundations and Conditions of Attribution to Superior Defense in International Criminal Law". Aquatic Physiology and Biotechnology, 4, 2, 2013, 227-254.
Parastesh, R., Nazarinejad, M. (2013). 'Foundations and Conditions of Attribution to Superior Defense in International Criminal Law', Aquatic Physiology and Biotechnology, 4(2), pp. 227-254.
Parastesh, R., Nazarinejad, M. Foundations and Conditions of Attribution to Superior Defense in International Criminal Law. Aquatic Physiology and Biotechnology, 2013; 4(2): 227-254.

Foundations and Conditions of Attribution to Superior Defense in International Criminal Law

پژوهشنامه حقوق کیفری
Article 9, Volume 4, Issue 2, July 2013, Pages 227-254    PDF (296.17 K)
Authors
Reza Parastesh; Mohammad Reza Nazarinejad*
Abstract
In national criminal law, superior order is no excuse for subordinate, unless in some exceptional requirements proves that the executor has had a mistake of law, a mistake of fact, or has been under duress.
In international criminal law, the possibility of attribution to this defense is more limited, because international crimes are the most serious types of crimes that concern the international community as a whole. Therefore, the defense of superior order is not attributable to international crimes, expect for war crimes, and for when subordinate proves that he could not understand the illegality of order.
Keywords
Superior order; Mistake of Law; Duress; Means Rea; International Criminal court
Statistics
Article View: 2,964
PDF Download: 2,155


Journal Management System. Powered by Sinaweb