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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 Challenge To The Countervailing Perceptions Of The Time, Shaped As They Were By The Nuremburg And Eichmann Trials. The Recent Jurisprudence Of The Ad Hoc Tribunals Has Shown Remarkably Similar Analyses To Those Offered By Dinstein In This Book, Demonstrating That This Key Work Remains Relevant Today. Reviewing The Relevant Precedents That Existed At The Time, This Book Shows That Superior Orders Were Not, In And Of Themselves, A Defence, But That Orders Were Relevant To Other Defences, And Therefore Should Not Be Entirely Ignored. Assessing The Issue On A Conceptual And Practical Level, And Offering An Extraordinary Level Of Detail, This Is A Is A Seminal Work In International Criminal Law. It Makes Required Reading For Scholars, Students, And Practitioners Of International Criminal Law.
This work investigates the legal validity and practical application of the 'superior orders' defense within the framework of international criminal law. Yoram Dinstein, a prominent scholar in international law, examines the historical tension between domestic military obligations and international legal accountability. By synthesizing precedents from post-World War II trials, including the Nuremberg and Eichmann proceedings, the author argues that while superior orders do not constitute an absolute defense, they remain a relevant factor in broader legal assessments of criminal liability.
What You Will Find
Scope Limits
Legal scholars and practitioners recognize this text as a foundational analysis of the superior orders doctrine. Readers frequently note the academic density of the prose, which serves as a primary reference for those studying the evolution of international criminal accountability.
Page Count:
304
Publication Date:
2012-01-01
Publisher:
Oxford University Press, Incorporated
ISBN-10:
0191649821
ISBN-13:
9780191649820
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