We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Kill or Be Killed.
- Authors
Weigend, Thomas
- Abstract
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.
- Subjects
ERDEMOVIC, Drazen; DURESS (International law); LEGAL justification; LEGAL status of military personnel; SHOOTINGS (Crime); INTERNATIONAL Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991; INTERNATIONAL courts; CASSESE, Antonio; ACTIONS &; defenses (Law)
- Publication
Journal of International Criminal Justice, 2012, Vol 10, Issue 5, p1219
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqs064