by Thomas WEIGEND (English)
Kill or be killed: Another look at Erdemovic
The case of Dražen Erdemović raises the question whether a soldier may rely on the defence of duress if he shoots a large number of civilians because his superior has threatened to kill him if he does not carry out that unlawful command. This problem has engendered much controversy within the International Criminal Tribunal for the former Yugoslavia and beyond, with Judge Antonio Cassese at the forefront of the debate. The author comes to the conclusion that duress may, depending on the circumstances, provide a justification as well as an excuse, but that it depends on issues of fact whether Dražen Erdemović could have claimed either.
Journal/Publisher: Journal of International Criminal Justice, Volume 10, Issue 5
Publication type: Article
Number of pages/Page range: 1219-1237
Language/s (content): English
Date of publication: 01-11-12
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Full name Thomas WEIGEND
Current occupation Member
University/Institution University of Cologne
Address Albertus-Magnus-Platz
Postal code 50923 Köln
Telephone 0049 221 470 2780