Duress
is not a complete defence in international criminal law
but can be pleaded in mitigati on. In Erdemovic (ICTY Appeals Chamber),
para 19, it was held: ‘dur ess does not afford a complete defence to a soldier
charged with a crime against humanity and/or a war crime involving the
killing of innocent human beings.’” 42. The same submission was made by Ms Isherwood before us and she drew our attention to what had been said by the Upper Tribunal in the case of MT Zimbabwe at paragraph 106 where, having observed that a rticle 31 paragraph 1 (d) of the ICC Statute makes clear that duress can be a defence to international criminal responsibility, the panel stated:
“Whether it is a complete defence and whe ther it can apply in all types of
cases remains unsettled: see th e Trial Chamber discussions in
- Background and introduction
- ppellant’s
- espondent’s
- onduct
- osition
- JS (
- Iran
- nitial
- ssessment
- Zimbabwe
- MT Zimbabwe
- v Secretary of State for the Home Department
- respondent
- v Attorney General of Canada
- movic
- The submissions on duress for the appellant
- uress
- Duress
- Prosecutor v
- R v Hasan
- Fernandes
- v Canada (Attorney General)
- Our assessment of the appellant’s claim to have acted under duress
- R v Hassan
- Decision