The Applicability of the Defence of Duress to Unlawful Killing in International Criminal Law: An Analysis of the Icty Erdemovic Case and Article 31(1)(D) Rome Statute

Author:   Manon Celine Simon
Publisher:   Nomos Verlagsgesellschaft
ISBN:  

9783848755431


Pages:   249
Publication Date:   01 January 2019
Format:   Paperback
Availability:   In stock   Availability explained
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The Applicability of the Defence of Duress to Unlawful Killing in International Criminal Law: An Analysis of the Icty Erdemovic Case and Article 31(1)(D) Rome Statute


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Overview

The ICTY Erdemovic case demonstrated the practical relevance of duress in international criminal law. Taking this case as a starting point, this study examines whether and under which circumstances duress can constitute a defence in cases of unlawful killing. It consists of an in-depth analysis of the methodological and substantive questions raised by the Erdemovic case, in particular with regard to the sources of international criminal law and the specific requirements of duress. The study also examines Article 31(1)(d) of the Rome Statute of the ICC, discusses the controversial aspects of this provision, such as the subjective proportionality element, and goes on to propose an alternative wording. This book highlights the differences in the approaches of the ICTY and the ICC regarding duress and discusses whether a distinction between justifications and excuses would be necessary in international criminal law.

Full Product Details

Author:   Manon Celine Simon
Publisher:   Nomos Verlagsgesellschaft
Imprint:   Nomos Verlagsgesellschaft
Weight:   2.109kg
ISBN:  

9783848755431


ISBN 10:   3848755432
Pages:   249
Publication Date:   01 January 2019
Audience:   General/trade ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

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