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Article Title:
DEFENCES IN INTERNATIONAL CRIMINAL LAW:
ACCEPTABLE AND NON-ACCEPTABLE DEFENCES
| Abstract: Accountability for crime is a veritable source of social security and political stability. Throughout recorded history, leaders have ordered most egregious crimes: the mass atrocities, the genocides and the crimes against humanity; the perpetrators are universally condemned and punishment recommended. The prosecution for international crimes as we have had it over the years: at the Nuremberg, at the Tokyo trials, at The Hague, Arusha, and at Sierra Leone, indicates that there is a belief that crimes must be punished. Looking at the heinous nature of international crimes, one would imagine them inexcusable. Yet, just like with municipal crimes, international law provides for defenses. In this paper, we x-ray the defenses for crimes in international law. Do these defenses seek to defend the indefensible or are they justified. The purpose of this research is to provide a guide on defenses acceptable for international crimes and defenses not accepted. The significance of the research is that it guides practitioners and stakeholders in international criminal justice on acceptable practice, hence maintaining equilibrium in international criminal jurisprudence. The potential impact of this work is that it establishes accountability which in itself guarantees international peace and security. |
| Keywords: international crimes, prosecution, accountability, defenses, punishment and international criminal justice. |
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