Mistake of Law

Excusing Perpetrators of International Crimes

Nonfiction, Reference & Language, Law, International, Criminal law
Cover of the book Mistake of Law by Annemieke van Verseveld, T.M.C. Asser Press
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Author: Annemieke van Verseveld ISBN: 9789067048675
Publisher: T.M.C. Asser Press Publication: August 28, 2012
Imprint: T.M.C. Asser Press Language: English
Author: Annemieke van Verseveld
ISBN: 9789067048675
Publisher: T.M.C. Asser Press
Publication: August 28, 2012
Imprint: T.M.C. Asser Press
Language: English

When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

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When a perpetrator of an international crime argues in his defence that he did not realise that he had violated the law, is this a reason not to punish him? International crimes constitute serious offences and it could be argued that he who commits such an offence must know his act is punishable. After all, everyone is presumed to know the law. However, convicting someone who is mistaken about the wrongfulness of his act may be in violation of the principle ‘no punishment without guilt’. This book investigates when 'mistake of law' should be a reason to exculpate the perpetrator of an international crime. It demonstrates that the issue of 'mistake of law' goes to the heart of individual criminal responsibility and therewith contributes to the development of a more systematic approach toward the structure of international offences. Valuable for academics and practitioners in the field of International Criminal Law.

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