Rethinking Erdemovi'C: Beyond the Clash of Laws
Singapore Law Review, Vol. 23, p. 71-84, 2003
14 Pages Posted: 10 Feb 2006 Last revised: 19 Jun 2014
Abstract
This article discusses the defence of duress under international criminal law in the context of the seminal case of Prosecutor v. Drazen Erdemovi'c. By and large, common law countries do not recognise duress as a defence to crimes involving murder. In contrast, there is no such blanket prohibition in civil law countries. The author will argue that on this particular issue, the common law view of duress is more effective in achieving the goals of international humanitarian law, and should be followed.
Keywords: international criminal law, duress, murder, international humanitarian law, erdemovic, common law, civil law, genocide, Masetti, policy
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