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Journal of International Criminal Justice Advance Access published online on June 13, 2007
Journal of International Criminal Justice, doi:10.1093/jicj/mqm026
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© Oxford University Press, 2007, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

Original Papers

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.


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