Why devote a voluminous book to the issue of mistake of law in international
criminal law? Would it not appear frivolous for a person accused, for example, of
crimes against humanity to claim that he did not know that what he did was against
the law? And even if he was in fact mistaken, why should the law care as long as
the perpetrator was aware of what he was doing?
Annemieke van Verseveld brilliantly lays to rest such skeptical queries about
the need for her study. In this book, she shows that it is not only worthwhile but
even urgently necessary to reflect on mistakes of law. She demonstrates the relevance
of her inquiry by showing, in Chap. 6, a host of areas of international
criminal law where the applicable law is far from clear. And, based on a comprehensive
analysis of four national legal systems (USA, England, Germany, and
France) as well as of international criminal law, the author shows that the law in
regard to mistakes of law is presently in disarray and lacks a clear direction.
Annemieke van Verseveld’s concise but thorough treatment of the topic, therefore,
is timely and useful. Any practitioner who deals with international criminal law
cases should read this book.
But that is not all. The issue of how the law should react to a defendant’s claim
that he was not aware of the norm he violated raises fundamental questions about
the purpose and structure of the criminal law. Does the intent required for conviction
of a crime include knowledge of the relevant criminal prohibition, or of the
moral wrongfulness of one’s conduct? Should the perpetrator’s mistake of law
affect his culpability rather than the required mens rea? Or can such mistakes
simply be ignored, in accordance with the maxim ignorantia iuris neminem
excusat?