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Volume I, s.4 General Principles of International Criminal Law, 24 Defences, Ch.24.1 Justifications and Excuses in International Criminal Law

Antonio Cassese

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 03 February 2023

It is widely accepted in most national criminal systems, particularly in civil law countries, that a distinction is necessary between two categories of defences: justifications and excuses. The same distinction can be held to apply, if only for the sake of legal logic, in international criminal law.According to the widespread view of criminal lawyers, when the law provides for a justification, an action that would per se be considered contrary to law, it is regarded instead as lawful and thus does not amount to a crime.1 This is because society, and the legal...
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