The defence of 'obedience to superior orders' in international law [electronic resource] / by Yoram Dinstein.

Dinstein, Yoram.
Oxford, U.K. : Oxford University Press, 2012.
1 online resource (302 p.)
Repr. ed., with a new postscript preface.

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International crimes.
International criminal law.
Electronic books.
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, Yoram Dinstein 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 challengeto the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The rece
Cover; Table of Contents; Table of Cases; List of Abbreviations; Postscript Preface for Reprinted Edition; Foreword; PART I: NATIONAL LAW; Chapter 1: The Dilemma and its Solutions; Chapter 2: The Leipzig Trials; PART II: INTERNATIONAL THEORY; Introductory Note; Chapter 1: The Manifest Illegality Principle and the Personal Knowledge Principle; Chapter 2: The Doctrine of Respondeat Superior; 1. Oppenheim's Proposition; 2. Mistake of Law and Compulsion as the Basis of the Doctrine of Respondeat Superior
3. The Distinction between the Doctrine of Respondeat Superior and the Acts of State DoctrineChapter 3: The Doctrine of Absolute Liability; Chapter 4: The Mens Rea Principle; 1. Mistake of Law and Compulsion; 2. Mistake of Fact vs. Mistake of Law; 3. A Proposed Solution of the Problem of Obedience to Superior Orders; PART III: INTERNATIONAL LEGISLATION, 1919-1945; Chapter 1: Initial Irresolution; 1. The Peace Conference, 1919; 2. The Washington Conference, 1922; Chapter 2: The Negation of the Plea of Obedience to Superior Orders
1. The Deliberations of the Commissions of the United Nations, 1942-19452. The Charter of the International Military Tribunal, 1945; PART IV: THE CASES; Chapter 1: Trials before International Tribunals; 1. Historical Note; 2. The Nuremberg Trial; 3. The Tokyo Trial; Chapter 2: Trials before National Courts; 1. Historical Note; 2. The 'Subsequent Proceedings' at Nuremberg; 3. Other Trials of War Criminals; Summing-Up of the Cases; PART V: INTERNATIONAL LEGISLATION SINCE 1946; Chapter 1: Doubts and Vacillations; 1. The Genocide Convention, 1948; 2. The Red Cross Conventions, 1949
Chapter 2: The Work of the International Law Commission1. Historical Background; 2. The Nuremberg Principles; 3. The Draft Code of Offences against the Peace and Security of Mankind; Conclusions; Subject Index; A; B; C; D; E; F; G; H; I; K; L; M; N; O; P; R; S; T; U; V; W; Name Index; A; B; C; D; E; F; G; H; J; K; L; M; N; O; P; R; S; T; V; W; Y; Z
Description based upon print version of record.
Includes bibliographical references and index.