Journal Article

Kill or Be Killed

Thomas Weigend

in Journal of International Criminal Justice

Volume 10, issue 5, pages 1219-1237
Published in print December 2012 | ISSN: 1478-1387
Published online October 2012 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqs064
Kill or Be Killed

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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 Article.  9979 words. 

Subjects: Criminal Law ; International Law

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