Analysis of the Ups and Downs of Criminal Liability of Subordinates in International Criminal Law

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ghorishi seyed rasoul

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Journal: International Police Studies Quarterly Year:2020 | Volume:10 | Issue:40 Page(s): 67-85

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Title

Analysis of the Ups and Downs of Criminal Liability of Subordinates in International Criminal Law

Author(s)

ghorishi seyed rasoul | Issue Writer Certificate

Keywords

Defense of Obedience to Superior Orders

Subordinate

International Criminal law

Absolute Liability

Conditional Liability

Abstract

Context and Objective: The criminal liability of the Subordinates has always been a concern of the international community, because the Subordinates shrugged off their responsibilities by appealing to the defense of obedience to the superior orders. The principle is that the ordering authority is responsible, and the excused agent was an excuse for Subordinates to escape responsibility. This paper aims to explain the developments regarding defenses of obedience to superiors' orders in the criminal liability of Subordinates. Methodology: The present study is applicable in terms of type and purpose, and in terms of nature and method, it has been descriptive and the collection of information has been through the review of documents and receipts. Findings and Results: In the process of interacting with this defense, we have witnessed many developments, prior to World War I; Subordinates were responsible for this defense. But the events of the war turned the page and the issue of absolute responsibility was raised. Although a fundamental change took place after World War II; defending obedience to superiors' orders will no longer exempt Subordinates. Finally, we want to prove it, today, the Defense of Obedience to Superior Orders has become clearer. Thus, the International Criminal Court has taken a more principled position by adopting an approach of absolute responsibility for crimes against humanity and genocide as well as conditional responsibility for war crimes. Keywords: Defense of Obedience to Superior Orders, Subordinate, International Criminal law, Absolute Liability, Conditional Liability, International Criminal Court.

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APA: Copy

ghorishi, seyed rasoul. (2020). Analysis of the Ups and Downs of Criminal Liability of Subordinates in International Criminal Law. POLICE INTERNATIONAL STUDIES, 10(40 ), 67-85. SID. https://sid.ir/paper/388467/en

Vancouver: Copy

ghorishi seyed rasoul. Analysis of the Ups and Downs of Criminal Liability of Subordinates in International Criminal Law. POLICE INTERNATIONAL STUDIES[Internet]. 2020;10(40 ):67-85. Available from: https://sid.ir/paper/388467/en

IEEE: Copy

seyed rasoul ghorishi, “Analysis of the Ups and Downs of Criminal Liability of Subordinates in International Criminal Law,” POLICE INTERNATIONAL STUDIES, vol. 10, no. 40 , pp. 67–85, 2020, [Online]. Available: https://sid.ir/paper/388467/en

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