PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
Jurisdiction in respect of international crimes
General Principles of Criminal Law
12. (1) For the purposes of proceedings for an offence under section 9, 10 or 11—
(a) the following provisions of the Statute apply, with any necessary modifications:
(ix) article 31, which specifies grounds for excluding criminal responsibility;
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.