Justice not revenge: the international criminal court and the ‘grounds to exclude criminal responsibility’: defences or negation of criminality?

Article


Gilbert, J. 2006. Justice not revenge: the international criminal court and the ‘grounds to exclude criminal responsibility’: defences or negation of criminality? The International Journal of Human Rights. 10 (2), pp. 143-160. https://doi.org/10.1080/13642980600608541
TypeArticle
TitleJustice not revenge: the international criminal court and the ‘grounds to exclude criminal responsibility’: defences or negation of criminality?
AuthorsGilbert, J.
Abstract

Human rights law has evolved based on the idea of fait trial and protection of the accused, however with the development of international criminal law human rights law has focused on the notion of prosecution. During the drafting of the Rome Statute of the International
Criminal Court there was a large debate on whether the Statute should include a reference to defences that exclude the responsibility of the accused. This article explores the debates during the drafting of Article 31 of the Rome Statute which uses the term ‘grounds to exclude criminal responsibility’.

Research GroupLaw and Politics
PublisherRoutledge
JournalThe International Journal of Human Rights
ISSN1364-2987
Publication dates
PrintJun 2006
Publication process dates
Deposited01 Mar 2010
Output statusPublished
Digital Object Identifier (DOI)https://doi.org/10.1080/13642980600608541
LanguageEnglish
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