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- Title
Excuses, Justifications, and Duress at the International Criminal Tribunals.
- Authors
Wiener, Noam
- Abstract
This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress's application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges' application of the defense.
- Subjects
DURESS (Law); LEGAL justification; INTERNATIONAL criminal courts; 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; WORLD War II; JUDGES; LAW
- Publication
Pace International Law Review, 2014, Vol 26, Issue 2, p87
- ISSN
1553-7897
- Publication type
Article
- DOI
10.58948/2331-3536.1342