
Contents
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1. Object, Scope, and Aim of the Book 1. Object, Scope, and Aim of the Book
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2. Importance of this Study in View of Individuals’ Difficulty to Know and Understand Provisions of International Criminal Law 2. Importance of this Study in View of Individuals’ Difficulty to Know and Understand Provisions of International Criminal Law
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2.1. Pluralism as an obstacle to knowledge of the law 2.1. Pluralism as an obstacle to knowledge of the law
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2.2. Complexity as an obstacle to knowledge of the law 2.2. Complexity as an obstacle to knowledge of the law
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2.3. Mistake of law as a remedy and an incentive 2.3. Mistake of law as a remedy and an incentive
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3. Methodology 3. Methodology
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4. Challenges and Disclaimers 4. Challenges and Disclaimers
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5. A Few Words of Caution about Terminology 5. A Few Words of Caution about Terminology
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5.1. Mistake of law 5.1. Mistake of law
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5.2. International criminal law and international criminal tribunals 5.2. International criminal law and international criminal tribunals
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5.3. Knowledge, belief, consciousness 5.3. Knowledge, belief, consciousness
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5.4. ‘They’ 5.4. ‘They’
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Cite
Abstract
This introductory chapter sets the scope of the book’s inquiry, the reasons for the study of mistake of law, the research question it tries to answer, the methodology followed, and the terminology employed. In particular, the Introduction defines the concept of ‘mistake of law’, that is, a defendant’s claim that they did not know or they misunderstood a certain legal rule, and that therefore they should not be criminally responsible. The chapter describes this notion’s relationship with the pluralism and complexity of international criminal law, which make it difficult for individuals to acquire knowledge of this body of rules. The chapter also sets out the book’s objective of clarifying the theoretical underpinnings of the choice to give or deny exonerating value to claims of mistake of law, in international criminal law.
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