Recently Posted on SSRN (and forthcoming in the Studies in Law, Politics, and Society):
ADAM B. SHNIDERMAN, University of California, Irvine - Department of Criminology, Law and Society
CHARLES ANTHONY SMITH, University of California, Irvine
CHARLES ANTHONY SMITH, University of California, Irvine
The International Criminal Court has institutionalized the concept of
individual responsibility for human rights violations. The jurisprudence
of international criminal law has developed along with the institution.
Affirmative defenses in the mitigation of punishment or avoidance of
responsibility are becoming increasingly important in international
criminal procedure. We contend that diminished culpability based on
advances in neuroscience provides the most challenging set of choices
for the international legal community. Of the variety of affirmative
defenses, emerging neuroscience-based defense provides the most
challenging set of choices for the international legal community. The
Esad Landzo case at the ICTY brings these challenges into focus. We
discuss the difficult choices the ICC will have to make to balance the
rights and needs of the victims, and the due process rights of the
accused.
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