GENERAL PART
Chapter Three
CRIMINAL OFFENCE
1. General provisions on Criminal Offence
Force and Threat
Article 21
(1) An act committed under irresistible force is not a criminal offence.
(2) If a criminal offence is committed under force which is not irresistible or under threat, the offender may be punished more leniently.
(3) In case referred to in para 1 of this Article, the person using irresistible force shall be considered perpetrator of the criminal offence.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.