Other Grounds for Excluding Criminal Responsibility
THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT: A COMMENTARY, Vol. 1, pp. 1003-1048, Antonio Cassese, Paola Gaeta, John R. W. D. Jones, eds., Oxford, 2002
47 Pages Posted: 14 Dec 2011
Date Written: 2002
Article 31 recognizes four substantive grounds for excluding criminal responsibility: mental disease or defect, intoxication, self-defense, and duress/necessity. For the purpose of this paper mental disease or defect and intoxication will be discussed jointly. The paper focuses primarily on duress/necessity, since these defenses are most important from a practical point of view. They are treated together since Article 31(1)(d) - although referring exclusively to ‘duress’ - offers a kind of mixed solution containing elements of both defenses.
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