Research Output

Does The Rome Statute Respect Cassese's Legacy? The case of duress

  The decision to include defences at the International Criminal Court was never discussed in depth and indeed, a reading of the conference proceedings demonstrates that there was something of a presumption that defences would be included. However, there is little reference to the influence of Cassese’s powerful dissent in Erdemovic and the impact this may have had on the decision to include defences. The judicial heritage of the ICTY, of significant judicial interpretation and the use of comparative work is presumed to continue with the ICC, with the presumption that the judges there will have the same attitude, as well as the same breadth of discretion.
The problems inherent in this approach are worthy of further discussion, in particular regarding the defence of duress in the Rome Statute. The legacy of Cassese’s influence will be lost without a framework for interpretation, and it is a framework for such that this work seeks to provide.

  • Type:


  • Date:

    02 June 2017

  • Publication Status:


  • Library of Congress:

    JX International law

  • Dewey Decimal Classification:

    340 Law

  • Funders:

    Edinburgh Napier Funded


Moran, C. F. (in press). Does The Rome Statute Respect Cassese's Legacy? The case of duress. The Hague Justice Journal



This is a pre-copyedited, author-produced PDF of an article accepted for publication in The Hague Journal of International Justice following peer review. The version of record [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here].


International criminal law; Rome Statute; ICTY; ICC

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