The Charter specifically provides in Article 8: “The fact that the Defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment.
Superior orders, even to a soldier, cannot be considered in mitigationwhere crimes as shocking and extensive have been committed consciously, ruthlessly, and without military excuse or justification.
The fact that the defendant acted pursuant to order of his Government or of a superior shall not free him from responsibility, but may be considered in mitigation of punishment if the Tribunal determine that justice so requires.
Grotius took the course of first stating what the extreme rights of war were, as proved by precedent and usage, and of then pleading for their mitigation on the ground of religion and humanity.
In the monotonous history of war there are always commanders who wage it with less ferocity than others, and writers who plead for the mitigation of its cruelties.
At the same time he was resolute in refusing to attempt any mitigation of his sufferings.
Mrs. Judson gave Moung Ing money that he might follow and procure a mitigation of this torture, instead of which, Mr. Judson was again thrown down, and the cords so tightened as almost to prevent respiration.
What must I do, said I, to obtain a mitigation of the sufferings of the two teachers?
The second step was sending Count Egmont to Spain to urge the abolition of the Inquisition and the mitigation of the penal statutes, and to prevail on the king to consent to an augmentation of the council of state.
The Roman Catholics desired simply the abolition of the Inquisition, and a mitigation of the edicts; the Protestants aimed at unlimited freedom of conscience.
He shut the dining-room door and came forward hastily, for Ann, it was clear, meant to take this mitigation of their disaster with a complete abandonment of her self-control.
The earliest mitigation of his lot was that his soles and ankles became indurated to the perpetual standing.
Thus, without mitigation of pace, the boat rushed down the river.
I told him it was no defense against the slander, but it might be proved with advantage in mitigation of damages, provided his client would be willing that he should undertake to do so.
Prussia in her despair had sent one agent after another to Paris in order to secure some mitigation of Napoleon's demands.
I cannot omit mentioning, how pleasing it would be to me to be enabled, before my departure, to convey to the American prisoners at St. Pol de Leon such mitigation of their fate as may be thought admissible.
As concerns others, I am thoroughly aware that they may count upon any mitigation which the purest intentions and the most generous and tender feelings on your part can bring.
The moderation and clemency to which the vanquished appeal, are by no means an abolition but only a mitigation of the conqueror's absolute right.
This was now fast approaching; and no intentions had yet been manifested on the part of government for granting a pardon or mitigation of the sentence.
Yet the landlord influence in Parliament is so predominant, so overwhelming, that no repeal, no mitigation even, of this great wrong is probable; and every demand for it is overborne by a senseless outcry against Agrarianism.
It has also been held that the intoxication of one who uttered a slander may be admissible in mitigation of the damages, as utterances of a drunken man could not seriously impair the reputation of any one.
Therefore "it is not a defense to a libel or slander that the plaintiff has been guilty of offenses other than those imputed to him, or of offenses of a similar character; and such facts are not competent in mitigation of damages.
Between a pillar of the tomb and the wall there is a narrow opening, through which persons afflicted with pains in the back creep in order to obtain thereby somemitigation of their pangs.
Nor, on the other hand, have I met with any letter of his deprecating the severity of their sentence, or advising a mitigation of their punishment.
Of the present number there were only two whose constancy triumphed to the last over the dread of suffering, and who refused to purchase any mitigation of it by a compromise with conscience.
Finally, the courts were instructed to grant no remission or mitigation of punishment under the fallacious idea of mercy to the convicted party, and it was made penal for the friends of the accused to solicit such indulgence on his behalf.
The Reformers, on their side, instead of the mitigation of penalties, now talked of nothing less than absolute toleration.
The least circumstance in mitigation found in me a hearty reception, but cruelty in man or woman an unflinching Judge.
Once, however, I had made up my mind as to what was, in accordance with my judgment, the sentence to be passed, I took care never to alter it upon any plea in mitigation whatever.
I then spent a night in going through my notes in each case, so that if there were any circumstances that I could lay hold of by way of mitigation of the sentence, I did so.
The Roman jurists held up slavery as a mitigation of the horrors of war: the capture and preservation of enemies, they said, was its sole and exclusive origin in the past.
Their utmost effort could secure only a sparing mitigation of the Test Act.
And this control was indispensable to the Government, which was negotiating with the Allies for the importation of foodstuffs in mitigation of the blockade.
When it became evident that no mitigation of importance was to be got, every member of the Government of any character, whether reactionary or radical, resigned; leaving only men like Landsberg and Erzberger.
