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This document presents the separate and dissenting opinion of Judge Haopei Li regarding the appeal of Drazen Erdemovic, concerning whether duress can be a complete defense to the massacre of innocent civilians and the implications of remitting the case to the Trial Chamber. The opinion discusses the legal principles surrounding duress, the responsibility of the individual under threat, and the differing national laws on this matter, highlighting that in heinous crimes such as the massacre of...
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A separate opinion is an opinion written by one or more judges or justices that does not join the majority opinion but agrees with the decision. A dissenting opinion is one that disagrees with the majority's conclusion.
Judges or justices who do not agree with the majority opinion are required to file a dissenting opinion. Those who agree but wish to clarify their reasoning can file a separate opinion.
To fill out a separate or dissenting opinion, the judge should clearly state their disagreement or the reasons for their separate views, provide legal reasoning, and reference any relevant laws or precedents.
The purpose is to provide a record of differing legal interpretations, to contribute to legal discourse, and to offer an alternative perspective that might influence future cases.
The opinion should include the title, case number, names of the judges involved, a statement of the disagreement, the legal rationale, and any supporting doctrine or precedent.
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Relevant keywords

Drazen Erdemovic duress defense massacre of civilians international law Appeals Chamber Judge Haopei Li war crimes crimes against humanity legal principles Trial Chamber

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