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Obedience to Superior Orders and Related Defences

Monique Cormier, Sarah Finnin

Research output: Chapter in Book/Report/Conference proceedingChapterResearchpeer-review

Abstract

In the trials reported in this series, the accused invoked a range of pleas in an attempt to evade criminal responsibility or mitigate punishment. Some pleas simply represented claims that the prosecution was unable to establish the offence or the involvement of the accused in its commission. These included claims that the accused had been falsely identified or had an alibi; claims that the alleged victim consented to the relevant conduct; and claims that the alleged victim died as a result of an accident or natural causes.
Original languageEnglish
Title of host publicationAustralia's War Crimes Trials 1945-51
EditorsGeorgina Fitzpatrick, Tim McCormack, Narrelle Morris
Place of PublicationLeiden, Netherlands
PublisherKoninklijke Brill NV
Pages174-195
Volume48
ISBN (Print)9789004292048, 9789004292055
Publication statusPublished - 2016

Publication series

NameInternational Humanitarian Law Series

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    SDG 16 Peace, Justice and Strong Institutions

Keywords

  • Australian History (excl. Aboriginal and Torres Strait Islander History)
  • Criminal Law and Procedure
  • International Law (excl. International Trade Law)

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