The Defence of Obedience to Superior Orders in International Law

Paperback | December 8, 2012

byYoram Dinstein

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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, YoramDinstein 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 andof 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 makesrequired reading for scholars, students, and practitioners of international criminal law.

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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, YoramDinstein set the standard for future analys...

Yoram Dinstein is Professor Emeritus of International Law at Tel-Aviv University. He has twice served as the Charles H. Stockton Professor of International Law at the U.S. Naval War College in Newport, Rhode Island, has previously been a Humboldt Fellow at the Max Planck Institute for Comparative Public Law and International Law in He...

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Format:PaperbackDimensions:300 pages, 9.21 × 6.14 × 0.07 inPublished:December 8, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199670811

ISBN - 13:9780199670819

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Table of Contents

Part I: National Law1. The Dilemma and its Solutions2. The Leipzig TrialsPart II: International Theory1. The Manifest Illegality Principle and the Personal Knowledge Principle2. The Doctrine of Respondeat Superior3. The Doctrine of Absolute Liability4. The Mens Rea PrinciplePart III: International Legislation, 1919-19451. Initial Irresolution2. The Negation of the Plea of Obedience to Superior OrdersPart IV: The Cases1. Trials before International Tribunals2. Trials before National CourtsPart V: International Legislation Since 19461. Doubts and Vacillations2. The Work of the International Law CommissionConclusions

Editorial Reviews

"The Defence is a seminal work in international, criminal, and domestic law... the most telling thing that can be said about the specifics of the argumentation in The Defence is that whenever I think that I have a new idea about superior orders, the first thing I do is to look to see whether it is already there in The Defence. More often than not it is. That is not the only reason that I think The Defence isso important. It is also extremely significant that at a methodological level it paved the way for, and showed the necessity of, the integration of international law and criminal law scholarship, and its contribution to both is what international criminal lawyers ought to always bear in mind." --Rob Cryer, Journal of International Criminal Justice (2011)