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Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Reports
This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY).Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding.The 134-page report provides a detailed look at the ICTY's role …
Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher
Building Victim-Led Coalitions To Press For Justice Following Mass Atrocity, Diane Orentlicher
Presentations
Remarks: Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina.Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other …
Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa
Duress, Demanding Heroism And Proportionality: The Erdemovic Case And Beyond, Luis E. Chiesa
Elisabeth Haub School of Law Faculty Publications
This Article discusses the Erdemovic case in order toexamine whether duress should be a defense to a crime against humanity. Although the Article contends that the arguments in favor of permitting the defendant to claim duress weaken as the seriousness of the offense charged increases, the Article also argues that the duress defense should usually succeed if it can be proved that the actor could not have prevented the threatened harm by refusing to capitulate to the coercion. After balancing the competing considerations, the Author concludes that the defendant in Erdemovic should have been able to claim duress as a …