Articles
Defences in International Criminal Law
Published:
2012-05-06
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Keywords
International Criminal Court (ICC) Statute substantial defences in international law lack of responsibility insanity intoxication justifiable defence belligerent reprisals and military necessity superior orders necessity and duress
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APA
Sántha, F. (2012). Defences in International Criminal Law. Pro Futuro, 2(1), 35-53. https://doi.org/10.26521/Profuturo/2012/1/5577
Abstract
The Statute of the International Criminal Court (ICC) was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. The ICC Statute contains rules regarding grounds for excluding criminal responsibility but this list is not exhaustive since other defences are recognized in international (criminal) law. This essay will not examine the special procedural defences and other obstacles of punishability which are explicitly rejected by the ICC Statute but focus on the substantial defences in international law: the lack of responsibility under a certain age; insanity and intoxication; justifiable defence; necessity and duress; mistake; superior orders; belligerent reprisals and military necessity.