Section 23p. 23

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

will occur in the ordinary course of events. "Know" and

"knowingly" shall be construed accordingly.

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:

(a) The person suffers from a mental disease or defect

that destroys that person's capacity to appreciate the

unlawfulness or nature of his or her conduct, or capacity

to

control

his

or

her

conduct

to

conform

to

the

requirements of law;

(b) The person is in a state of intoxication that destroys

that person's capacity to appreciate the unlawfulness or

nature of his or her conduct, or capacity to control his or

her conduct to conform to the requirements of law,

unless the person has become voluntarily intoxicated

under such circumstances that the person knew, or

disregarded the risk, that, as a result of the intoxication,

he or she was likely to engage in conduct constituting a

crime within the jurisdiction of the Court;

(c) The person acts reasonably to defend himself or

herself or another person or, in the case of war crimes,

property which is essential for the survival of the person

or another person or property which is essential for

accomplishing a military mission, against an imminent

and unlawful use of force in a manner proportionate to

the degree of danger to the person or the other person or

property protected. The fact that the person was involved

in a defensive operation conducted by forces shall not in

itself

constitute

a

ground

for

excluding

criminal

responsibility under this subparagraph;

(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.

2. The Court shall determine the applicability of the

grounds for excluding criminal responsibility provided for

in this Statute to the case before it.

3. At trial, the Court may consider a ground for excluding

criminal responsibility other than those referred to in

paragraph

1

where

such

a ground is derived from

applicable law as set forth in article 21. The procedures

relating to the consideration of such a ground shall be

provided for in the Rules of Procedure and Evidence.

ARTICLE 32

Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding

criminal

responsibility

only if it negates the mental

element required by the crime.

2. A mistake of law as to whether a particular type of

conduct is a crime within the jurisdiction of the Court

shall not be a ground for excluding criminal responsibility.

A mistake of law may, however, be a ground for excluding

criminal responsibility if it negates the mental element

required by such a crime, or as provided for in article 33.

ARTICLE 33

Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court

has been committed by a person pursuant to an order of

a Government or of a superior, whether military or civilian,

shall not relieve that person of criminal responsibility

unless:

(a) The person was under a legal obligation to obey orders

of the Government or the superior in question;

(b) The person did not know that the order was unlawful;

and

(c) The order was not manifestly unlawful.

2. For the purposes of this article, orders to commit

genocide or crimes against humanity are manifestly

unlawful.

PART 4. COMPOSITION AND ADMINISTRATION

OF THE COURT

ARTICLE 34

Organs of the Court

The Court shall be composed of the following organs:

(a) The Presidency;

(b) An Appeals Division, a Trial Division and a Pre-Trial

Division;

(c) The Office of the Prosecutor;

(d) The Registry.

ARTICLE 35

Service of judges

1. All judges shall be elected as full-time members of the

Court and shall be available to serve on that basis from

the commencement of their terms of office.

2. The judges composing the Presidency shall serve on a

full-time basis as soon as they are elected.

3. The Presidency may, on the basis of the workload of the

Court and in consultation with its members, decide from

time to time to what extent the remaining judges shall be

required

to

serve

on

a

full-time

basis.

Any

such

arrangement shall be without prejudice to the provisions

of article 40.

4. The financial arrangements for judges not required to

serve on a full-time basis shall be made in accordance

with article 49.

ARTICLE 36

Qualifications, nomination and election of judges

1. Subject to the provisions of paragraph 2, there shall be

18 judges of the Court.

2. (a) The Presidency, acting on behalf of the Court, may

propose an increase in the number of judges specified in

paragraph 1, indicating the reasons why this is considered

necessary and appropriate. The Registrar shall promptly

circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a

meeting of the Assembly of States Parties to be convened

in accordance with article 112. The proposal shall be

considered adopted if approved at the meeting by a vote

of two thirds of the members of the Assembly of States

Parties and shall enter into force at such time as decided

by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of

judges has been adopted under subparagraph (b), the

election of the additional judges shall take place at the

next

session

of

the

Assembly

of

States

Parties

in

accordance

with

paragraphs

3 to 8, and article 37,

paragraph 2;

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