Table of Contents -- Table of Abbreviations -- Biographical Note -- Preface by M. Cherif Bassiouni -- Foreword -- Acknowledgments -- Introduction -- Chapter I: Methodology for Determining a Uniform System of International Criminal Law Defenses -- 1 Introduction -- 2 The Rationale of Defenses in International Litigation -- 3 Nature of International Criminal Law and Mens Rea -- 4 Individual Criminal Responsibility in International Criminal Law -- 5 Susceptibility of Defenses in International Criminal Law to Domestic Criminal Law Elements -- 6 Applicability of Domestic Classification of Defenses to International Criminal Law -- 7 Defenses in International Criminal Law Derived from National Laws of the World's Legal Systems -- 8 Legal Methodology to Identify International Criminal Law Defenses -- Chapter II: International Criminal Law Defenses Originating from Customary International Law -- 1 Evolutionary Stages -- 2 Command Responsibility and the Defense of Superior Orders -- 2.1 Expression of Principle of Individual Criminal Responsibility -- 2.2 Command Responsibility and Superior Orders: Correlative Concepts? -- 2.3 The General Scope of the Defense of Superior Orders: The Law of the Case -- 2.4 The Specific Scope of the Defense of Superior Orders Within the ICC: Conception of Mens Rea -- 2.5 The Applicability of the Defense of Superior Orders to Civilians in International Armed Conflicts -- 2.6 Concurrence of Duress and Superior Orders -- 2.7 Conclusion -- 3 The Defense of Duress: Transmitting Morality and Mens Rea -- 3.1 Introduction -- 3.2 Duress as Defense to Genocide and Crimes Against Humanity -- 3.3 Institutionalizing Duress as a Defense Before International Criminal Tribunals -- 4 The Concept of Sovereign Immunity and Heads of State Defenses -- 4.1 Exclusion of Any Exonerative Status.

4.2 Counterpart to the (Non-)Defense of Superior Orders -- Chapter III: International Criminal Law Defenses Originating from Comparative Criminal Law -- 1 Individual Self-Defense in International Criminal Law -- 1.1 New Aspects and the Special Nature of Self-Defense in International Criminal Law -- 1.2 Contemporary Criminal Law as a Source of Self-Defense to War Crimes Indictments -- 1.2.1 Introduction -- 1.2.2 The Implementation of Self-Defense Laws in International Criminal Law -- 1.2.3 The Self-Defense Doctrine in American Law Versus Common Law and Civil Law -- 1.2.3.1 The Controversy Between the Subjective and Objective Approaches -- 1.2.3.2 The Principle of "(No) Retreat" -- 1.2.4 Conclusion -- 1.3 The International Criminal Law Status of Self-Defense -- 1.3.1 The Argument of Independent Assessment -- 1.3.2 The Argument of Customary International Law Status -- 1.3.3 Codificatory Problems of the Scope of Article 31(1)(c) -- 1.3.4 Self-Defense to War Crimes and Military Necessity -- 2 The Defenses of Necessity and Prevention of Crime in International Criminal Law -- 2.1 Introduction -- 2.2 The Common Law Approach to the Defense of Necessity: Relevance for International Criminal Law -- 2.2.1 Necessity in International Crimes: Duress of Circumstances -- 2.2.2 War Crimes and Choice of Evils -- 2.2.3 Conclusion -- 2.3 The Common Law Approach on the Defense of Prevention of Crime: Relationship to Self-Defense in International Criminal Law -- 2.3.1 Introduction -- 2.3.2 The Use of Force in the Course of Preventing Crime: Exonerative Status as to War Crimes Charges? -- 2.4 The Defense of Necessity to Torturous Interrogation Methods -- 2.4.1 Necessity: Balancing Jus Cogens Norms -- 2.4.2 Necessity: Exces -- 2.4.3 Conclusions -- 2.5 Conclusion -- 3 The Defense of Consent to Sexual Assault and Mistake of Fact.

4 Interdisciplinary Defenses in International Criminal Law: Mental Disease or Defect and Toxicological Defenses -- 4.1 Comparative Criminal Law and Interdisciplinary Relationships -- 4.2 Mental Disease or Defect and International Crimes -- 4.3 The Case Law of the ICTY Regarding Mental Disease or Defect -- 4.4 Neurotoxicology and Toxicological Defenses as New Collateral Sources and Content of International Criminal Law -- 4.4.1 Introduction: A Neurotoxicological Framework -- 4.4.2 Neurotoxicological Interrelationships with International Criminal Law -- 4.4.3 Intoxication Otherwise than by Alcohol or Dangerous Drugs -- 4.4.4 Intoxication Causing Mental Disease or Defect -- 4.4.5 Intoxication Induced with the Intention of Committing Crime -- 4.4.6 The Interpretation of the Intoxication Defense by the ICTY -- 4.4.7 Summary: Individual Assessment of Neurotoxicological Defenses to International Crimes -- 5 Genetic Defenses and Neurobiological Relationships to the Defense of Duress to International Crimes -- Chapter IV: The Diverging Position of Criminal Law Defenses Before the ICTY and ICC: Contemporary Developments -- 1 Introduction: The Lack of Cohesion Relating to the Admissibility of Defenses Before International and Hybrid Criminal Tribunals -- 2 Criminal Law Defenses Within the Laws of the ICC and ICTY Compared -- 2.1 The Defense of Heads of State Immunity -- 2.2 Superior Orders -- 2.3 The Defense of Duress -- 2.4 The Defense of Necessity -- 2.5 Military Necessity -- 2.6 Self-Defense -- 2.7 The Self-Defense of Intoxication -- 2.7.1 General Remarks -- 2.7.2 ICC Statutory Intoxication-Criteria -- 2.8 Mental Defect and Diminished Responsibility -- 2.8.1 The ICTY Approach -- 2.8.2 ICC Statutory Mental Disease-Criteria -- 2.8.3 The Interrelationship of and Concurrence Between Mental Disease-Intoxication Defense.

2.9 The Defense of Mistake of Fact and Law -- 3 Conclusions: Towards a Cohesive and Equal Application of International Criminal Law Defenses -- Chapter V: Individual and Institutional Command Responsibility and the International Regulation of Armed Conflicts -- 1 Introduction -- 2 Command Responsibility: Concurrence of State Responsibility and Individual Superior Responsibility -- 3 Contemporary Jurisprudential Developments on Superior Responsibility within the Law of ICTY and ICTR -- 3.1 International Criminal Law Criteria for Command Responsibility -- 3.2 ICTY-ICTR Case Law on the Issue of Superior's Physical Proximity to the Crime Scene -- 3.2.1 Impact on Criterion for Superior Responsibility -- 3.2.1.1 Effective Control -- 3.2.2.2 Knowledge -- 3.2.2 Superior's Physical Presence as a Psychological Factor for Superior Responsibility -- 3.2.3 Superior's ?Physical Location: An Overview -- 3.3 The Blas?ki"c ICTY Appeals Chamber Ruling -- 4 The Relevant Command Structure of Multinational Military Operations -- 4.1 Introduction -- 4.2 Alignment of United Nations and NATO with International Humanitarian Law -- 4.3 Multinational Command Structure -- 5 The Legal Basis of Institutional Liability to War Crimes in Multinational Military Operations -- 6 Simultaneous Individual Command Responsibility for War Crimes in Multinational Military Operations -- 7 Criminal Responsibility and Various Forms of Multinational Military Mandates -- 8 The Nature of the Rules of Engagement: Basis for Superior Responsibility and/or Exoneration to War Crimes in Multinational Operations? -- 8.1 Introduction -- 8.2 Multinational Rules of Engagement: Direct Sources of Customary International Law or the Law of the Soldier? -- 8.3 Multinational Rules of Engagement and Superior Responsibility -- 8.4 Multinational Rules of Engagement and Criminal (Superior) Exoneration.

8.5 The Transformation of Rules of Engagement into (International) Criminal Law Norms: The Case of Prosecutor v. Eric O -- 8.6 Multinational Rules of Engagement in Maritime (Law Enforcement) Operations -- 8.7 Multinational Rules of Engagement and Principles of Legality: Conclusion -- 9 Summary and Conclusions -- Chapter VI: International Criminal Law Defenses and the International Regulation of Armed Conflicts -- 1 Introduction -- 2 Defenses of Duress and Superior Orders Under ICTY and ICTR Jurisprudence -- 2.1 The Restrictive Approach on Duress of the Ad Hoc Tribunals -- 2.2 Superior Orders and Moral Choice -- 2.2.1 Superior Responsibility as Prerequisite to the Defense of Superior Orders -- 2.2.2 Superior Responsibility and Imputed Liability -- 2.2.3 Interaction of Superior Orders and Duress -- 3 The Principles of Legality and the Rationae Materiae of Supranational Defenses -- 4 The Concept of Justifications and Excuses -- 5 The Principle of Individuality and Mens Rea: Inductive Method -- 6 The Principle of Equal Application as to Legal Defenses -- 7 Absence of a Specific Rule of International Criminal Law -- Prevalence of the General Rule on Duress in Case of Killing -- 8 Duress as a Defense to War Crimes: Free Will and Policy Considerations -- 9 Concurrence of the Defense of Superior Orders and Supranational Mandates as to Multinational Peacekeeping and Enforcement Operations -- 10 The Concept of Individual Self-Defense in U.N. and NATO Military Operations -- 10.1 Introduction -- 10.2 The Concept of Self-Defense in Multinational Rules of Engagement of United Nations and NATO -- 10.3 Use of Force During Multinational Operations -- 10.4 Use of Force and the Spectrum of Conflict -- 10.5 Nature of Multinational Rules of Engagement -- 10.6 Rules of Engagement Principles as to Self-Defense by Individuals.

10.7 Controlling the Use of Force and (Individual) Self-Defense Through Multinational Rules of Engagement.