International Criminal Law: An Evaluation of Self Defense
Journal Title: Indian Journal of Law and Human Behavior - Year 2017, Vol 3, Issue 1
Abstract
The idea of criminal responsibility of any person for the commission of any international crime is absolved in self defence. The crime committed by the accused which is grave in nature will not work out as the act was illegal on the face of it which is the violation of the human values. ICC mentioned various defences for excluding the criminal liability like duress, necessity, self-defence, mistake, mental incapacity, intoxication or superior order. Apart from it, there are various case-laws in which courts and tribunals have interpreted the defences in mitigating the sentence. The jurisprudence of criminal law lies on some premises such as ‘a person will be innocent until proved guilty’ and ‘fair trial’ and ‘the court will consider whatever defences put forward by the persons who are being tried’.The researcher (s) intend that ICC have given a new horizon in the development of human rights by discarding the defences in furtherance of commission of serious crimes.
Authors and Affiliations
Naresh Kumar Vats
Keywords
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- EP ID EP451100
- DOI 10.21088/ijlhb.2454.7107.3117.3
- Views 91
- Downloads 0
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