Prosecutor v. Erdemovic

International Criminal Tribunal for the Former Yugoslavia Appeals Chamber

Case No. IT-96-22, Judgement (Oct. 7, 1997)

Relevant factsFree

Erdemovic (defendant), a Bosnian Serb Army soldier, participated in executing 1,200 men and children in July 1995 and pleaded guilty to crimes against humanity, arguing he faced death himself had he refused to participate; he received a lenient 10-year sentence partly for cooperating with the investigation, and appealed, arguing duress should have operated as a complete defense to the killings.

IssueFree

Whether duress is a complete defense to the killing of innocent persons under international law.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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