The Defence of Mistake of Law in International Criminal Law: A Study on Ignorance and Blame

The adage "ignorance of the law is no excuse" is inaccurate, as ignorance and mistake of law can exclude responsibility in international criminal law. This monograph examines the defence of mistake of law in general theory of criminal law, outlines possible approaches, surveys relevant law and practice, and considers the purpose of punishing individuals in international criminal tribunals. It emphasizes the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

Format: Hardback
Length: 304 pages
Publication date: 04 August 2022
Publisher: Oxford University Press

The adage "ignorance of the law is no excuse" is a widely held belief, but it is significantly inaccurate. In both national and international criminal law, ignorance and mistake of law can, under certain circumstances, exclude responsibility. This monograph aims to update existing reviews of law and practice on this topic and take it a step further. It begins by examining the defence of mistake of law in the general theory of criminal law, distinguishing it from related defences and highlighting its connection with superior orders.

The volume then provides an overview of the possible approaches to the defence, drawing examples from national law as a basis for analysing international criminal law. It surveys the relevant law and practice of international criminal tribunals, with a particular focus on the International Criminal Court. Additionally, it contemplates offences for which a defence of mistake of law may potentially succeed.

Finally, the author attempts to interpret the rules on mistake of law applicable before international criminal tribunals regarding the purpose of punishing individuals and the legitimacy of such punishment. While the discourse on international criminal law increasingly revolves around global politics, The Defence of Mistake of Law in International Criminal Law brings attention back to the appropriateness of imposing a guilty verdict on the individual defendant, a human being constituting the basic unit of each society.

In conclusion, the defence of mistake of law in international criminal law is a complex and multifaceted issue. While ignorance of the law may not always excuse an individual's actions, it is important to consider the circumstances in which mistake of law can exclude responsibility. This monograph provides a valuable contribution to the ongoing discussion on this topic and highlights the need for a nuanced approach to international criminal law.

Weight: 616g
Dimension: 242 x 163 x 23 (mm)
ISBN-13: 9780192895745