Abstract

This essay defends duress as a complete defence in specific cases of murder through discussing the case of Erdemovic, who was convicted by the International Tribunal for the Former Yugoslavia (ICTY) after he killed innocent people to save his own life. To begin with, I will present two objections to the Court’s judgment. Firstly, the Court cannot achieve its objective of deterrence without violating a fundamental legal principle. Secondly, the judgment itself permits that criminals sometimes remove the protecting shield of the criminal law. I will then develop these objections into arguments favouring acquittal and generalise my results.