Abstract
How does the domestic law of the UK reflect the international law prohibition of unlawful killing and mistreatment discussed in Chapter 3? This chapter gives an overview of the UK’s three legal systems, its approach to incorporating international law domestically and how it criminalises war crimes, torture and other international offences. We then discuss legal issues relevant to investigation and prosecution of these offences including modes of liability (criminal participation), the mental element (mens rea) and defences. Finally, we look at issues that can affect criminal and civil cases including prescription, immunity, claims under the Human Rights Act, judicial review and legal aid.
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Kemp, S.L. (2019). Domestic Law. In: British Justice, War Crimes and Human Rights Violations . Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-14113-4_4
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DOI: https://doi.org/10.1007/978-3-030-14113-4_4
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Publisher Name: Palgrave Macmillan, Cham
Print ISBN: 978-3-030-14112-7
Online ISBN: 978-3-030-14113-4
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