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Erdemovic Appeal

Tribunal Update 27: Last Week in The Hague (May 5-10, 1997)
By IWPR ICTY

The preliminary questions to be addressed by the parties are the following:

1. In law, may duress afford a complete defence to a charge of crimes against humanity and/or war crimes such that, if the defence is proved at trial, the accused is entitled to an acquittal? 2. If the answer to the first question is yes, was the guilty plea entered by the accused at his initial appearance equivocal, in that the accused, while pleading guilty, invoked duress? 3. Was the acceptance of a guilty plea valid in view of the mental condition of the accused at the time the plea was entered? If not, was this defect cured by statements made by the accused in subsequent proceedings?

The Appeals Chamber is composed of Judges Cassese (presiding), Li, Stephen, McDonald and Vohrah.