Grounds for Excluding Criminal Responsibility Flashcards
What does Art 31 of ICC Statute set out?
Grounds of excluding criminal responsibility
What are the grounds for excluding liability?
(a) Mental disease or defect
(b) State of intoxication
(c) Self-defence
(d) Duress
What does the mental defect require?
1) A degree of severity and permanence
2) Disruption to the perpetrator’s ability to appreciate or control his or her conduct
What does the mental defect not include?
1) Temporary states of exhaustion or excitement
2) Psychological disturbances (eg blind rage)
What does not come under intoxication as a defence?
Voluntary intoxication
What interests are protected under self-defence?
When unlawful use of force is directed against:
- life
- Bodily integrity
- Freedom of movement
What kind of measures should be taken in self-defence?
Reasonable measures that must be proportionate to the degree of danger threatening the person or thing.
What is the mental element of self-defence?
Intent to defend himself or herself or another person or, in case of war crimes, property.
In necessary and duress, what must the perpetrator be threatened with?
Imminent death or continuing or imminent serious bodily harm.
What must the defence of necessity and duress be?
Necessary and reasonable
- Generally appropriate to avert the danger
- Causes no disproportionate consequences
Under Art 32, when can a mistake of fact be used as defence?
If mistake negates the mental element
What is an example of mistake of fact?
Attacking a building thinking it was headquarters of opposing party. Instead, was a hospital.
What is a mistake of law?
Thinking a certain type of conduct isn’t a crime, when it is.
What is an example of a mistake of law?
Armed forces thinking attacking a hospital is legal.
