Change of Course or Product of Desperation?: The Development of the Defense of Duress in International Criminal Law from Erdemovic to Rome

• Other Authors: Orlando, Michael Joseph (authoraut)
• Format: Others
• Language: English; English
• Published: Florida State University
• Subjects: International relations
• Online Access: http://purl.flvc.org/fsu/fd/FSU_migr_etd-2357

The case of Dražen Erdemoviæ before the International Criminal Tribunal for the Former Yugoslavia is among the most important in modern international legal history. It represents the first time an accused has pled guilty to committing crimes against humanity before an international tribunal, but most importantly it was the first trial since those following World War II in which the issue of acting under duress was raised as a defense. The issue of admitting duress as a defense is of great importance to the nature of fairness in an international tribunal. As this issue was an unsettled matter of international law, this case produced important opinions, both for and against the use of the defense in a case involving the death of innocent people. Only months after the decision in Erdemoviæ, the Rome Statute of the International Criminal Court was promulgated. This document took a decidedly different view of duress as compared to Erdemoviæ. This paper examines the Erdemoviæ case in detail and its impact on the Rome Statute. === A Thesis Submitted to the Department of International Affairs in Partial Fulfillment of the Requirements for the Degree of Master of Science. === Summer Semester, 2008. === April 16, 2008. === Rome Conference, ICC, International Criminal Tribunal For The Former Yu, ICTY, Yugoslavia, International Law, Erdemovic, Interational Criminal Court === Includes bibliographical references. === H. Talbot D'Alemberte, Professor Directing Thesis; Daniel Maier-Katkin, Committee Member; Sumner Twiss, Jr., Committee Member.