page 1
page 2
page 3
page 4
page 5
page 6
page 7
page 8
page 9
page 10
page 11
page 12
page 13
page 14
page 15
page 16

2 Is Duress a Valid Defense to a Crime Against Humanity? Professor Luis E. Chiesa4 The Pluralism of International Criminal Law Professor Alexander K.A. Greenawalt6 United States, International Law, and the Struggle against Terrorism Professor Thomas M. McDonnell8 Unsex CEDAW, or What's Wrong with "Women's Rights" Professor Darren Rosenblum10 Selected Pace International Law ScholarshipPerspectivesAdvancing International Law Scholarship Fall 2011

Luis E. ChiesaAssociate Professor of Law BBA, University of Puerto Rico-Río Piedras JD, University of Puerto Rico School of Law LLM, Columbia Law School JSD, Columbia Law SchoolBeing a criminal and comparative law scholar and expert, Professor Luis Chiesa regarded the question before the ICTY in Prosecutor v. Erdemovic as an opportunity to resolve "foundational problems" in establishing duress as a valid defense to a crime against humanity. According to Chiesa, "Determining whether duress should be a defense to a crime against humanity requires delving deeply into the distinction between justification and excuse in order to address three foundational problems that cut to the heart of criminal law theory: (1) Is duress a justification or an excuse? (2) Is the common law rule that disallows duress as a defense to murder sound? (3) Is it proper to condi-tion the availability of the defense on the existence of strict proportionality between the harm caused by the defendant's actions and the harm averted?"In his article "Duress, Demanding Heroism and Propor-tionality," published in the Vanderbilt Journal of Transna-tional Law, Chiesa concludes that the justices who took part in Erdemovic did not adequately address these issues. Assuming the defense that was raised was a justification, the justices ignored that the defense of duress is an excuse and not a justification. Professor Chiesa regularly publishes on criminal law theory, including "Punishing Without Free Will" (forthcoming, Utah Law Review); "Consent is Not a Defense to Bat-tery: A Reply to Professor Bergelson" (forthcoming, Ohio State Journal of Criminal Law); and "Why is it a Crime to Stomp on a Goldfish? - Harm, Victimhood and the Struc-ture of Anti-Cruelty Offenses" (Mississippi Law Journal, 2008), among others. Prior to joining the full-time faculty in 2007, he clerked for the Honorable Federico Hernández Denton, Chief Justice of the Puerto Rico Supreme Court. He has been a visiting professor at the University of Wash-ington, the Torcuato Di Tella University in Buenos Aires, Argentina, and the Sergio Arboleda University in Bogota, Colombia. Professor Chiesa serves as Associate Editor for the New Criminal Law Review.It's difficult to do international criminal law without first understanding the different systems of domestic criminal law. Similarly, it's difficult to assess whether the solutions given to problems by our system of criminal law are sound without comparing them with the solutions given to the same problems by different legal systems. That's why comparative criminal law is essential to my scholarship regardless of whether I'm writing about domestic or international issues. ""Is Duress a Valid Defense to a Crime Against Humanity?2 Pace Law School