Prosecutor v. Erdemovic
International Criminal Tribunal for the Former Yugoslavia Appeals Chamber
Case No. IT-96-22, Judgement (Oct. 7, 1997)
Drazen Erdemovic (defendant) participated in the execution of 1,200 unarmed civilians in Bosnia. Erdemovic was charged with crimes against humanity and brought before the International Criminal Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (Tribunal). Erdemovic pled guilty, but testified that he was told by his superiors that if he did not participate in the executions, they would kill him, too. The Tribunal found Erdemovic guilty and sentenced him to 10 years in prison. Erdemovic appealed, arguing that he should not serve time, because his acts were committed under duress.
Rule of Law
Holding and Reasoning (McDonald, J. and Vohrah, J.)
Dissent (Cassese, J.)
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