Prosecutor v. Erdemović (Sentencing Judgment)

Abstract

International criminal law — Crimes against humanity — Nature and definition — Gravity — Treatment by national and international tribunals — Sentence

International criminal law — Sentence — Relevant considerations — International Criminal Tribunal for the Former Yugoslavia — Recourse to practice of the courts of the Former Yugoslavia — Nullum poena sine lege — Mitigating circumstances — Superior orders — Duress — Plea of guilty — Cooperation with the Tribunal — Place of sentence — State in which sentence to be served acting as agent of Tribunal

International criminal law — Defences — Duress — Extreme necessity — Superior orders — Whether superior orders ever a complete defence

War and armed conflict — War crimes and crimes against humanity — Massacre of large number of prisoners — Criminal responsibility of individuals involved — Member of firing squad pleading guilty to crime against humanity — Appropriate sentence