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

• If s/he was suffering from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct.
• If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress,
• If the person acts reasonably to defend himself or another person, which is essential for the survival of the person or another person
• If the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct