Odgovornost za mednarodno hudodelstvo, izvršeno na ukaz nadrejenega

slovenian

2011

justification    excuse    international crime    criminal responsibility    responsibility of the subordinate   superior order

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

International criminal law has developed different responses to dilemma of superior order (the theory of absolute liability, respondeat superior, act of state doctrine, mens rea theory, or theory of limited liability). The proposed upgraded mens rea theory claims that the superior order can be used only as the factual basis for the determination of other defences; mistake, necessity and duress. One argument for this theory is that none of the other theories is complete. They do not cover all the facts of the potential cases.A mistake of law remains relevant, but according to its general rules. The same applies for the use of rules of necessity or duress. However, a veryimportant question is, whether this theory can be applied at the international legal level. In national systems defences have been developed and there is no problem. At the international level, however, the general part of international criminal law has been neglected and left to the practice courts until recently.

05.10.2017