图书简介

Introduction; 1. Object, Scope, and Aim of the Monograph; 2. Importance of this Study in View of Individuals Difficulty to Know and Understand Provisions of International Criminal Law; 3. Methodology; 4. Challenges and Disclaimers; 5. A Few Words of Caution about Terminology; Chapter 1: A General Definition of the Defence of Mistake of Law; 1. Meaning and Rationale of a Defence of Mistake of Law; 2. The Evolution towards Accepting a Defence of Mistake of Law in National Criminal Law; 3. Mistake of Law as an Excuse or as a ’Denial of Mens Rea’ Defence?; 4. Distinguishing Mistake of Law from Cognate Defensive Arguments; Chapter 2: Mistakes of Law Excluding Criminal Responsibility in Domestic Criminal Law; 1. Exonerating Value Attached to the Mistake s Character; 2. Exclusion of Responsibility Based on a Special Mental Element Requirement; 3. Mistake of Law on the Existence of a Justification; 4. Mistakes of Law Based on the ’Estoppel’ or ’Reliance’ Rationale; 5. Lessons from National Cases on International Crimes from the Inter-War and Post-World War II era; 6. A Bridge towards International Criminal Law; Chapter 3: Mistake of Law at the International Criminal Court and other International Criminal Tribunals; 1. The Context: Mistake of Law at International Criminal Tribunals Other than the International Criminal Court; 2. A Short Introduction to Article 32 ICC Statute and a Quick Comparison with Domestic Approaches to Mistake of law; 3. The Build-up to Article 32 ICC Statute: Drafting History of the Provision; 4. A Ground for Excluding Responsibility: Mistakes Negating Mens Rea; 5. Article 33 ICC Statute and Mistakes about the Lawfulness of Superior or Government Orders; 6. Mistake of Law beyond Article 32(2) and Article 33 ICC Statute; 7. Mistake of Law in Mitigation of Punishment; 8. The Burden of Proving the Defendant’s Guilt; 9. Offences Susceptible to a Mistake of Law within the ICC Statute; 10. Taking Stock of the ICC Approach to Mistake of Law; Chapter 4: The Message of Rules on Mistake of Law; 1. Punishing Those Who Are Mistaken about the Law: What For?; 2. The Significance of the Rules on Mistake of Law for the Legitimacy of Punishment Imposed by International Criminal Tribunals; 3. Wrapping Up: On Pragmatism and the Balance between Punishment and Blame; Conclusion

Trade Policy 买家须知