A comparative exploration of the defence of duress

Moran, Clare Frances

Abstract

This work examines the defence of duress, as codified in the Rome Statute, from the perspective of four domestic jurisdictions in order to determine whether it can be applied at the domestic level for crimes against the person. The laws of England and Wales, France, Germany, and South Africa are examined because of their influence in other countries and also because of their representations of civil and common law systems. The purpose of this analysis is to add to the debate about the defence of duress and to provide a fresh perspective on this contentious issue by examining how domestic jurisdictions deal with crimes committed under duress.

Citation

Moran, C. F. (2017). A comparative exploration of the defence of duress. Global Journal of Comparative Law, 6(1), 51-76

• Journal Article Type: Review
• Acceptance Date: Jul 11, 2016
• Online Publication Date: Jan 1, 2017
• Publication Date: 2017-01
• Publicly Available Date: Jan 2, 2019
• Journal: Global Journal of Comparative Law
• Print ISSN: 2211-9051
• Electronic ISSN: 2211-906X
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 6
• Issue: 1
• Pages: 51-76
• Keywords: Defences, duress, comparative law, international criminal law, Rome statute,
• Public URL: http://researchrepository.napier.ac.uk/Output/365373