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The Rome Statute of the International Criminal Court - A Commentary edited by Cassese, Antonio; Gaeta, Paola; Jones, John RWD (25th July 2002)

Volume I, s.4 General Principles of International Criminal Law, 24 Defences, Ch.24.4 Other Grounds for Excluding Criminal Responsibility

Kai Ambos

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 22 July 2019

Article 31 recognizes four substantive grounds for excluding criminal responsibility: mental disease or defect, intoxication, self-defence, 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 defences 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 defences. Customary law within the...
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