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Full-Text Articles in Law

Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener Nov 2014

Excuses, Justifications, And Duress At The International Criminal Tribunals, Noam Wiener

Pace International Law Review

This article examines the application of the defense of duress by international criminal tribunals through analyzing opposing theoretical approaches to justifications and excuses. The purpose of this examination is twofold. First, the article offers a framework for duress’s application by examining scholarly approaches to duress and by analyzing the application of the defense by international tribunals. This analysis includes the tribunals constituted following the Second World War and International Criminal Tribunal for the Former Yugoslavia (ICTY). Second, the article provides insight into the underlying rationales that guide judges at the international tribunals in the last decade through the judges’ application …


A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General Jan 2014

A Conversation With The Chief Prosecutor Of United States Military Commissions, Mark Martins Brigadier General

Case Western Reserve Journal of International Law

No abstract provided.