Publıc Internatıonal Law I Deneme Sınavı Sorusu #1206603

Which of the following is NOT among the reasons indicating that a person shall not be criminally responsible as outlined in Article 31? 


S/he suffers from a mental disease

S/he is in a state of intoxication

the conduct is compatible with the person's social norms and values 

S/he defends her/himself or another person

the conduct has been caused by duress


Yanıt Açıklaması:

According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct):

• he/she was suffering from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;

• the person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct;

• the person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person;

• the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress.

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