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William Laws Calley Jr. was born on 8 June 1943 in Miami, Florida. Calley was a former army officer in the United States and found guilty of killing hundreds of unarmed, innocent South Vietnamese civilians in the My Lai Massacre on 16 March 1968 which took place during the Vietnam War. After several reductions, Calley’s original sentence of life in prison was turned into an order of house arrest, but after three years, President Nixon reduced his sentence with a presidential pardon.

From 1975 until 1979, the notorious Khmer Rouge ruled the Democratic Republic of Kampuchea, now Cambodia. The accused, Pol Pot and Ieng Sary were Prime Minister and Deputy Prime Minister under the regime whose conduct resulted in the deaths of some 3 million people, or 40% of the entire population. Supporters of the former regime including soldiers, officials and civil servants, as well as those perceived to be a threat including students, intellectuals, professors, scientists, opposition organisations were brutally exterminated on a massive scale. The entire population of several cities, including the capital Phnom Penh, were forcibly evacuated from their homes, their property was stolen by the state and they were left to die of starvation and disease. Approximately 4 million persons were herded into “commues”, disguised concentration camps in which men, women and children above the age of 10 were put to hard labour. Tens of thousands were brutally tortured by members of the regime, their bodies cut open, subject to electroshock and live surgery. Forced marriages and rape were common place. Children were either put to death in brutal and vicious ways or recruited into armed units to fight. The regime was finally overthrown by Vietnam in January 1979 and the Revolutionary Council established a special tribunal, the Revolutionary People’s Tribunal.

By the present decision, the tribunal convicted Pol Pot and Ieng Sary of genocide and sentenced them to death. Unfortunately, the value of the decision is merely symbolic as the trials were held without the presence of the accused. Pol Pot died in 1998; Ieng Sary is currently on trial before the Extraordinary Chambers in the Courts of Cambodia for genocide. 

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to murder, as a crime against humanity. 

In order to determine the appropriate sentence for Erdemović, Trial Chamber I balanced the relevant sentencing factors.

With respect to duress, Trial Chamber I found that duress may serve as a complete defence under strict conditions, including whether the accused did not have the duty to disobey and whether he had the moral choice to do so or to try to do so. In the present case, these conditions were not met.

Trial Chamber I considered that the crimes committed by Erdemović were of intrinsic gravity. However, it took into consideration a large number of mitigating circumstances, including Erdemović’s age, expression of remorse, guilty plea, co-operation with the Prosecution and the fact that he no longer constitutes a danger.

Trial Chamber I sentenced Erdemović to 10 years’ imprisonment.

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to the count of murder as a crime against humanity. Trial Chamber I sentenced him to 10 years of imprisonment.

The Appeals Chamber rejected Erdemović’s grounds in which he asked for his acquittal or in the alternative, for the revision of his sentence. 

The Appeals Chamber, acting on its own initiative, found that duress does not afford a complete defence to a soldier who is charged with a crime against humanity and/or a war crime. Therefore, the guilty plea of Erdemović was not equivocal. Furthermore, the Appeals Chamber found that the guilty plea was also not informed. For these reasons, the Appeals Chamber decided that the case must be remitted to a Trial Chamber and Erdemović be allowed to replead in full awareness of the nature of the charges against him and the consequences of such a plea.

On 6 July 1995, the Srebrenica enclave (Bosnia and Herzegovina) was attacked by the Bosnian Serb Army. Bosnian Muslim men were separated from the women and children and, subsequently, taken to various sites where they were executed. Erdemović was a member of a unit of the Bosnian Serb Army, and participated in the killing of Bosnian Muslim men who were taken to the Pilica farm, situated near Zvornik (Bosnia and Herzegovina). Erdemović pleaded guilty to murder, first as a crime against humanity. Later, the Appeals Chamber ordered that he be allowed to replead before a new Trial Chamber, during which he pleaded guilty to murder as a war crime. 

In order to determine the appropriate sentence, Trial Chamber II assessed the aggravating and mitigating factors. 

The magnitude of the crimes at the Pilica farm (Bosnia and Herzegovina), and Erdemović’s role in them were considered as aggravating circumstances. Turning to the mitigating circumstances, Trial Chamber II took into consideration Erdemović’s personal circumstances, his admission of guilt, his expression of remorse, and his cooperation with the Prosecution. Trial Chamber II found that Erdemović committed the crimes under duress, that is, in fear that he would be killed should he disobey the orders to kill the Bosnian Muslims. Accordingly, Trial Chamber II considered this as a mitigating factor. 

Erdemović was sentenced to 5 years’ imprisonment.