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

See all articles by Daryl Lim

Daryl Lim

Pennsylvania State University, Dickinson Law; Fordham University - Fordham Intellectual Property Institute

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

Suggested Citation

Lim, Daryl, Rethinking Erdemovi'C: Beyond the Clash of Laws. Singapore Law Review, Vol. 23, p. 71-84, 2003, Available at SSRN: https://ssrn.com/abstract=880415

Daryl Lim (Contact Author)

Pennsylvania State University, Dickinson Law ( email )

150 S College St
Carlisle, PA 17013
United States

HOME PAGE: http://lawdaryl.com

Fordham University - Fordham Intellectual Property Institute ( email )

150 West 62nd Street, Rm 7-145
New York, NY 10023
United States

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