عنوان مقاله [English]
The purpose of this paper is to consider the Tu Quoque defense in the context of international criminal law with the analytical- descriptive approach. Simply put, Tu Quoque, is the latin rendition of (You too) phrase and often stated for this reason: (You shouldn,t be punished me, -
because you did it too).This defense at the first time during the Nuremberg tribunal - following world war II has a implicity accepted in the Admiral Karl Doenitz case. The original base of this argument is the clean hands doctrine: (if one of parties of armed conflict has committed certain crimes, his hands to prosecute or punish other parties of conflict for the same crimes isn,t clean). Recently, criminal tribunals such as International Criminal Tribunal for Yugoslavia have been faced with Tu Quoque as a defense. Despite existence of an ambiguous history for this defense, jurists had not been paid enough attention to this defese. This paper, by examining the jurisprudence of IMT and other international international criminal courts concludes that tu Quoque defense in Genocide and Crimes against humanity can not be accepted, but in some War Crimes and the Crime of Aggression, this defense is acceptable under certain circumstances.