Canada - war crimes - crimes against humanity - criminal law - constitutional validity - jurisdiction - actus reus - mens rea - defenses - alternative remedies - Canadian Charter of Rights and Freedoms
Article Abstract:
The Canadian Supreme Court's 1994 Finta decision, which upheld the acquittal of an accused war criminal, showed the weaknesses in Canada's 1987 war crimes law, particularly in its retroactive provisions. The defense in the case was able to play to racial prejudices, so future prosecutions must be prepared to confront the inherent problems in jury selection and defense tactics in these trials. Ultimately, the case may have turned upon the Court's apparent mischaracterizations of the case's mens rea and actus reus elements and of the defense's arguments based on obedience to orders and mistake of fact.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1996
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War crimes and crimes against humanity - role of national law in interpreting international law - requirements for accepting a guilty plea - duress as a defense to charges of unlawful killing
Article Abstract:
The International Criminal Tribunal for the former Yugoslavia held that duress is not an available exculpatory defense under international law for a soldier who said his comrades would kill him if he had not killed several unarmed men. The Tribunal concluded that general principles of law disallow duress as a defense when one innocent life is lost. A court can consider duress as an element for mitigating a sentence.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1998
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Criminal jurisdiction - universal jurisdiction - crimes against humanity - immunity of former head of state - incorporation of customary law into municipal criminal law - prescription (statutes of limitation)
Article Abstract:
The author examines the Belgian Tribunal of First Instance's investigation into applicability of municipal law to international law in regards to the crimes committed against Belgian citizens under Augusto Pinochet's government in Chile, which concluded an universal jurisdiction over crimes exists under customary international law.
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1999
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