Does the fact that an individual may have acted under duress absolve them of complicity in crimes against humanity?
Canada (Federal), Canada
The following excerpt is from Canada (Citizenship and Immigration) v. Rogan, 2011 FC 1007 (CanLII):
The fact that an individual may have acted under duress does not absolve their complicity in crimes against humanity. That is, it does not negate findings that the acts occurred, or that the individual had the necessary guilty mind. Rather, it excuses that complicity: see Oberlander v. Canada (Attorney General), 2009 FCA 330, [2009] F.C.J. No. 1451, at paras. 24 & 27 [“Oberlander FCA”].
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