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The Nuremberg Military Tribunals and the Origins of International Criminal Law$
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Kevin Jon Heller

Print publication date: 2011

Print ISBN-13: 9780199554317

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199554317.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 07 December 2021

Defenses

Defenses

Chapter:
(p.295) 13 Defenses
Source:
The Nuremberg Military Tribunals and the Origins of International Criminal Law
Author(s):

Kevin Jon Heller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554317.003.0014

Defences to criminal conduct are often an overlooked aspect of international criminal law. As this chapter explains, that weakness does not apply to the Nuremberg Military Tribunals, which generated an extensive jurisprudence concerning a variety of defences. Section 1 discusses ‘jurisdictional’ defences, such as tu quoque. Section 2 focuses on substantive defences that emphasized the defendant's lack of responsibility for a particular crime, such as superior orders and mistakes of law. Finally, Section 3 discusses the defence of military necessity, which functioned either as a failure of proof defence or as a justification, depending on the circumstances.

Keywords:   defenses, tu quoque, superior orders, mistake, duress, selective prosecution

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