Duress - national proceedings

Marshall Islands

Marshall Islands - Criminal Code 2011 EN

PART I - GENERAL PROVISIONS
ARTICLE 2. GENERAL PRINCIPLES OF LIABILITY

ยง2.09. Duress.
(1) It is a defense that the actor engaged in the conduct charged to constitute an offense because the actor was coerced to do so by the use of, or threatened imminent use of, unlawful force against his or her person or the person of another, which a person of reasonable firmness in the actor's situation would have been unable to resist.
(2) The defense that is provided by Subsection (1) is unavailable:
(a) as to the crime of murder;
(b) if the actor recklessly placed himself or herself in a situation in which it was probable that the actor would be subjected to duress.
(3) It is not a defense that a woman acted on the command of her husband, unless she acted under such coercion as would establish a defense under this Section. Any presumption that a woman acting in the presence of her husband is coerced is abolished.
(4) When the conduct of the actor would otherwise be justifiable under Section 3.02, this Section does not preclude such defense.

Rome Statute

Article 31 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.