Mistake of Law

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.

Demonstrates that the defense of 'mistake of law' concerns one of the most fundamental principles of criminal law, i.e. 'no punishment without guilt' Contributes to the development of a more systematic approach toward the structure of international offences Contains a comparative law analysis of four major legal systems in the world and an analysis of (inter)national case law concerning the defense of mistake of law and superior orders Academic research, crisp and clear, which makes the book a helpful tool for practitioners in the field of International Criminal Law Includes supplementary material: sn.pub/extras

Klappentext

With a Foreword by Thomas Weigend, Professor of Criminal Law and Director of the Institute for Foreign and International Criminal Law, University of Cologne, Germany

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 of 'no punishment without guilt'.

This book investigates what would be the circumstances under which the defence of mistake of law should exculpate the perpetrator of an international crime and whether those circumstances are covered by the current international codification of mistake of law. It demonstrates that the issue ofmistake of law goes to the heart of individual criminal responsibility and therewith contributes to the development of a systematic approach toward the structure of international offences.

Written in an accessible style, this academic research is of great value and interest to academics and practitioners in the field of International Criminal Law.

Annemieke van Verseveld is presently working as an Assistant Professor of International Criminal Law at the University of Amsterdam, the Netherlands.

Inhalt
Introduction.- The Theory of Mistake of Law in National Criminal Law Systems.- Comparing the National Approaches Theorising about the Issue.- The Theory of Mistake of Law in International Criminal Law.- Applying the Theory of Mistake of Law An analysis of (inter)national case law.- Applying the Theory of Mistake of Law An analysis of elements of crimes and a survey of dilemmas on the battlefield.- Concluding Remarks.