This thesis focuses on the case of Erdemović, which concerns the law of duress, and particularly upon the majority Judgement of Judges McDonald and Vohrah. In their Judgement, they narrow the issue before them down to whether the defence of duress is available to combatants if it involves the killing of innocents. They argue that combatants should be expected to exercise a greater degree of fortitude, and be more accepting of a violent death, because of the job which they do. This thesis examines both international humanitarian law and human rights law to see whether they provide support for the Judges´arguments. In addition it examines what consequences flow from the Judges´decision to restrict their Judgement to combatants only.