The Execution of Illegal Orders and International Criminal Responsibility

1. Front Matter

   Pages i-viii

   PDF

2. Introduction

   • Hiromi Satō

   Pages 1-14

3. Before the Adoption of the Nuremberg Charter

   • Hiromi Satō

   Pages 15-48

4. Formation of the ‘Nuremberg Principle’

   • Hiromi Satō

   Pages 49-102

5. After the Trials Under the Nuremberg Charter

   • Hiromi Satō

   Pages 103-146

6. Change of the Structure of International Legal Order and ‘Hesitation’

   • Hiromi Satō

   Pages 147-156

7. Back Matter

   Pages 157-175

   PDF

The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.

• International Criminal Law
• International Law
• Military Discipline
• State Acts
• Superior Orders Defense

• , Department of International Relations, National Defense Academy, Yokosuka, Japan

  Hiromi Sato

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