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Dinstein Yoram - The Defence of obedience to Superior Orders in International Law

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The first comprehensive monograph on the defence of superior orders after the second world war, which remains pre-eminent in the field, the republication of this highly-sophisticated work once again makes this book available to scholars and students in the field. First published in 1965, Yoram Dinstein set the standard for future analysis of this issue, providing a ground-breaking interpretation that integrated domestic and international law to provide a subtle and nuanced challenge to the countervailing perceptions of the time, shaped as they were by the Nuremburg and Eichmann trials. The recent jurisprudence of the ad hoc Tribunals has shown remarkably similar analyses to those offered by Dinstein in this book, demonstrating that this key work remains relevant today.
Reviewing the relevant precedents that existed at the time, this book shows that superior orders were not, in and of themselves, a defence, but that orders were relevant to other defences, and therefore should not be entirely ignored. Assessing the issue on a conceptual and practical level, and offering an extraordinary level of detail, this is a is a seminal work in international criminal law. It makes required reading for scholars, students, and practitioners of international criminal law.

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THE DEFENCE OF OBEDIENCE TO SUPERIOR ORDERS
THE DEFENCE OF OBEDIENCE TO SUPERIOR ORDERS IN INTERNATIONAL LAW

by

YORAM DINSTEIN

A reprinted edition with a new Postscript Preface

The Defence of obedience to Superior Orders in International Law - image 1

The Defence of obedience to Superior Orders in International Law - image 2

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

Oxford University Press is a department of the University of Oxford.
It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

Yoram Dinstein 2012

The moral rights of the authors have been asserted

Reprinted Edition published in 2012

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Crown copyright material is reproduced under Class Licence Number C01P0000148 with the permission of OPSI and the Queens Printer for Scotland

British Library Cataloguing in Publication Data

Data available

ISBN 9780199670819

Printed in Great Britain by

CPI Group (UK) Ltd, Croydon, CR0 4YY

TABLE OF CONTENTS

Almelo trial,

Awochi trial,

Bauer trial,

Belsen trial,

Breisach trial,

Bruns trial,

Buck trial,

Buhler trial,

Bury and Hafner trial,

Casablanca Deserters case,

Dachau trial,

Dostler trial,

Double Tenth trial,

Dover Castle case,

Eichmann trial,

Einsatzgruppen case,

Falkenhorst trial,

Farben case,

Fauerstein trial,

Flesch trial,

Flick case,

Fryatt trial,

Goeth trial,

Golkel trial,

Gozawa trial,

Greiser trial,

Hadamar trial,

Hans trial,

High Command case,

Hoess trial,

Holzer trial,

Hostage case,

Jaluit Atoll case,

Justice case,

Kharkov trial,

Klinge trial,

Krupp case,

Llandovery Castle case,

Mackenzen and Maelzer trial,

Maelzer trial,

Manstein trial,

Medical case,

Melchior and Hirschelman trial,

Milch case,

Ministries case,

Moehle trial,

Motomura trial,

Neuber trial,

Neumann (Robert) case,

Nuremberg trial,

Ohashi trial,

Peleus trial,

Pohl case,

Rath and Thiel trial,

Rauter trial,

Renoth trial,

Roechling case,

Rohde trial,

RuSHA case,

Sakai trial,

Sawada trial,

Scuttled U-Boats case,

Stalag Luft III case,

Stenger and Crusius case,

Szabados trial,

Thiele and Steinert trial,

Tokyo trial,

Wagner (Robert) trial,

Wagner (Wilhelm) trial,

Wirtz trial,

Yamamoto trial,

Zuehlke trial,

NEW CASES CITED IN POSTSCRIPT PREFACE

Abbott v. The Queen,

Banovi [Prosecutor v. Banovi],

Barbie case,

Blaki [Prosecutor v. Blaki],

Bokoski et al. [Prosecutor v. Bokoski et al.],

Bralo [Prosecutor v. Bralo],

Brima et al. [Prosecutor v. Brima et al.],

Calley case,

ei [Prosecutor v. ei],

Delali et al. [Prosecutor v. Delali et al.],

Erdemovi [Prosecutor v. Erdemovi],

Finta [R v. Finta],

Lubanga Dyilo [Prosecutor v. Lubanga Dyilo],

Mra [Prosecutor v. Mra],

Norman [Prosecutor v. Norman],

A.B.A.J. American Bar Association Journal.

A.D. Annual Digest and Reports of Public International Law Cases.

A.J.I.L. American Journal of International Law.

A.P.S.R. American Political Science Review.

A.S.I.L. Proceedings of the American Society of International Law.

Bellot, Punishment Bellot, War Crimes: Their Prevention and Punishment, T.G.S., vol. 2 (1917), pp. 3155.

Bellot, War Criminals Bellot, War Crimes and War Criminals, C.L.T., vols. 36 (1916), pp. 754768, 876886; 37 (1917), pp. 922.

B.Y.B.I.L. British Year Book of International Law.

C.L.R. California Law Review.

C.L.T. Canadian Law Times.

Clunet Journal du Droit International.

C.M.A.I. Cursos Monograficos, Academia Interamericana de Derecho Comparado e Internacional.

Cmd. Command Papers.

Colby, War Crimes Colby, War Crimes, Mich. L.R., vol. 23 (19241925), pp. 482511, 606634.

C.R. Report Commission on the Responsibilities of the Authors of the War and on Enforcement of Penalties Report, 29 March 1919 A.J.I.L., vol. 14 (1920), pp. 95154.

C.Y.B.I.L. Czechoslovak Yearbook of International Law.

Dalloz Recueil Dalloz (Analytique et Critique) de Doctrine de Jurisprudence et de Lgislation.

Donnedieu de Vabres, Nuremberg Donnedieu de Vabres, Le Procs de Nuremberg devant les Principes Modernes du Droit Penal International, R.A.D.I., vol. 70 (1947) pp. 477582.

ECOSOC Economic and Social Council.

Eustathiades, Ordres Eustathiades, Quelques Aspects de la Jurisprudence concernants les Criminels de Guerre: lException des Ordres Reus et Autres Moyens de Dfense Similaires, Gegenwartsprobleme des Internationalen Rechtes und der Rechtsphilosophie (1953), pp. 395421.

Finch, Superior Orders Finch, Superior Orders and War Crimes, A.J.I.L., vol. 15 (1921), pp. 440445.

For. Aff. Foreign Affairs.

G.A. General Assembly.

Garner, Articles Garner, Recent Important Articles from Scientific Journals, A.P.S.R., vol. 14 (1920), pp. 137143.

Garner, International Law Garner, International Law and the World War (1920).

Garner, Punishment Garner, Punishment of Offenders against the Laws and Customs of War, A.J.I.L., vol. 14 (1920), pp. 7094.

German Views Nuremberg, German Views of the War Trials (ed. by Benton and Grimm, 1955).

Glaser, Introduction Glaser, Introduction lEtude du Droit International Pnal (1954).

Glaser, LOrdre Glaser, LOrdre Hirarchique en Droit Pnal International, R.D.P.C., vol. 33 (19521953) pp. 283330.

Glaser, Nuremberg Glaser, La Charte du Tribunal de Nuremberg et les Nouveaux Principes du Droit International, R.P.S., vol. 63 (1948), pp. 1338.

G.L.J. Georgetown Law Journal.

Glueck, War Criminals Glueck, War Criminals, their Prosecution and Punishment (1944).

Graven, Code Graven, Principes Fondamentaux dun Code Rpressif des Crimes contre la Paix et la Scurite de lHumanite, I.L.R., vol. 28 (1950), pp. 173204, 361392.

Graven, Crimes Graven, Les Crimes contre lHumanit, R.A.D.I., vol. 76 (1950), pp. 433607.

Gros, Symposium Gros, Address in a Symposium on the subject of The Responsibility of Governments and their Agencies in International Law,

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