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Regina v. Finta

Canada.  29 April 1992 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

War and armed conflict — War crimes and crimes against humanity — Trial by municipal court — State of mind of accused — Whether accused required to have knowledge that acts or omissions concerned constituted war crimes or crimes against humanity — Defence of obedience to superior orders — National legislation conferring jurisdiction to try charges of war crimes and crimes against humanity — Canada — Alleged offences committed outside Canada during World War Two — Legislation deeming offences to have been committed inside Canada, provided that they constituted war crimes or crimes against humanity

Jurisdiction — Universal — Crimes against international law — War crimes — Crimes against humanity — Canadian legislation extending jurisdiction of Canadian courts to war crimes committed outside Canada during World War Two — International and domestic elements of offence — Roles of judge and jury — Question whether acts or omissions concerned constituted war crimes or crimes against humanity — Whether question of law for judge or question of fact for jury

Relationship of international law and municipal law — War crimes and crimes against humanity — Trial for war crimes and crimes against humanity in Canada — Canadian legislation giving jurisdiction to Canadian courts to try defendants for acts or omissions occurring outside Canada — Acts or omissions deemed to have occurred within Canada, provided that they constituted war crimes or crimes against humanity — Defendant charged under Canadian Criminal Code in respect of acts and omissions occurring outside Canada during World War Two — Whether those acts or omissions constituted war crimes or crimes against humanity under international law — Whether matter for judge or jury — The law of Canada

Type
Case Report
Copyright
© Cambridge University Press 1994

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