TITLE 2
CRIMINAL RESPONSIBILITY
CHAPTER 2
EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY
Article 36: Effect of force or compulsion
A person who commits an offence under the influence of an irresistible force or compulsion shall not be criminally responsible.
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.