Part 3
Matters of justification or excuse
Compulsion
24 Compulsion
(1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who is present when the offence is committed is protected from criminal responsibility if he believes that the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.
(2) Nothing in subsection (1) shall apply where the offence committed is an offence specified in any of the following provisions of this Act, namely:
(a) section 73 (treason) or section 78 (communicating secrets):
(b) section 79 (sabotage):
(c) section 92 (piracy):
(d) section 93 (piratical acts):
(e) section 167 and 168 (murder):
(f) section 173 (attempt to murder):
(g) section 188 (wounding with intent):
(h) subsection (1) of section 189 (injuring with intent to cause grievous bodily harm):
(i) section 208 (abduction):
(j) section 209 (kidnapping):
(k) section 234 (robbery):
(ka) [Repealed]
(l) section 235 (aggravated robbery):
(m) section 267 (arson).
(3) Where a woman who is married or in a civil union commits an offence, the fact that her husband or civil union partner was present at the commission of the offence does not of itself raise a presumption of compulsion.
PART 2 - INTERNATIONAL CRIMES AND OFFENCES AGAINST ADMINISTRATION OF JUSTICE
General principles of criminal law
12.
General principles of criminal law—
(1)For the purposes of proceedings for an offence against section 9 or section 10 or section 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.