Book contents
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
9 - Defences to Genocide
Published online by Cambridge University Press: 14 March 2025
- Genocide in International Law
- Genocide in International Law
- Copyright page
- Dedication
- Contents
- Preface to the First Edition
- Acknowledgements
- Abbreviations
- Introduction
- 1 Origins of the Legal Prohibition of Genocide
- 2 Drafting of the Genocide Convention
- 3 Subsequent Normative Developments
- 4 Groups Protected by the Convention
- 5 The Specific Intent to Commit Genocide
- 6 Punishable Acts of Genocide
- 7 Cultural Genocide, Ethnic Cleansing and Other Acts Not Punishable under the Convention
- 8 ‘Other Acts’ of Genocide
- 9 Defences to Genocide
- 10 The Duty to Punish Genocide
- 11 Prosecution of Genocide by International Criminal Tribunals
- 12 State Responsibility and the Role of the International Court of Justice
- 13 Prevention of Genocide
- 14 Activity of International Organizations
- 15 Treaty Law Questions and the Convention
- Conclusions
- Bibliography
- Index
Summary
International criminal law recognizes certain defences, excuses and justifications that may be raised against a charge of genocide. These include mistake of fact, duress and necessity and self-defence. The defences are codified in detailed provisions of the Rome Statute but they are also derived from case law. The Rome Statute declares that an order to commit genocide is ’manifestly unlawful’ and therefore unavaible to an accused person. A defence of ’official capacity’ is explicitly excluded by article IV of the Convention whereby offenders must be punished ’whether they are constitutionally responsible rulers, public officials or private individuals’.
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- Information
- Genocide in International LawThe Crime of Crimes, pp. 429 - 462Publisher: Cambridge University PressPrint publication year: 2025