Skip Navigation


Journal of International Criminal Justice Advance Access originally published online on June 13, 2007
Journal of International Criminal Justice 2008 6(1):3-19; doi:10.1093/jicj/mqm026
This Article
Right arrow Full Text
Right arrow Full Text (PDF)
Right arrow All Versions of this Article:
6/1/3    most recent
mqm026v1
Right arrow Alert me when this article is cited
Right arrow Alert me if a correction is posted
Services
Right arrow Email this article to a friend
Right arrow Similar articles in this journal
Right arrow Alert me to new issues of the journal
Right arrow Add to My Personal Archive
Right arrow Download to citation manager
Right arrowRequest Permissions
Google Scholar
Right arrow Articles by Fichtelberg, A.
Social Bookmarking
Add to CiteULike   Add to Connotea   Add to Del.icio.us  
What's this?

© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Liberal Values in International Criminal Law

A Critique of Erdemovic

Aaron Fichtelberg*

* Department of Sociology and Criminal Justice, University of Delaware. [ afichte{at}udel.edu]


  Abstract

Using the Erdemovic decision as its starting point, the article examines the philosophical foundations of international criminal law. It asserts that international criminal law, properly understood, represents a liberal legal system, emphasizing the rights of the accused over the interests of the prosecution or the goals of international peace and security. Using the work of Ronald Dworkin, it argues that international jurists should apply principles that invoke a respect for human rights and individual autonomy over ‘policy’. Thus, it argues that the reasoning of the Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia was flawed when it determined that duress did not constitute a complete defence in Erdemovic.


Add to CiteULike CiteULike   Add to Connotea Connotea   Add to Del.icio.us Del.icio.us    What's this?




Disclaimer:
Please note that abstracts for content published before 1996 were created through digital scanning and may therefore not exactly replicate the text of the original print issues. All efforts have been made to ensure accuracy, but the Publisher will not be held responsible for any remaining inaccuracies. If you require any further clarification, please contact our Customer Services Department.