Prosecutor v. Erdemovic

Judgement, 1949 I.C.J, 4, 27-28, 32-35 (Apr. 9) (1949)

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Prosecutor v. Erdemovic

International Criminal Tribunal for the Former Yugoslavia Appeals Chamber
Judgement, 1949 I.C.J, 4, 27-28, 32-35 (Apr. 9) (1949)

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Facts

Drazen Erdemovic (defendant) was a member of a unit of the Bosnian Serb Army who participated in the execution of 1,200 men and children in Bosnia in July 1995. Erdemovic was charged with crimes against humanity in the International Criminal Tribunal for the Former Yugoslavia (ICTY). Erdemovic pleaded guilty, but argued that he was forced to commit the atrocities and that if he had not done so, he would have himself been killed. Erdemovic subsequently received a fairly lenient 10-year sentence, based partly on his cooperation with an investigation of the events. Erdemovic appealed the sentence, contending that his claim of duress should have operated as a complete defense to the crimes charged.

Rule of Law

Issue

Holding and Reasoning (McDonald, J. and Vohrah, J.)

Dissent (Cassese, J.)

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