موانع المسؤولية الجنائية في إطار النظام الأساسي للمحكمة الجنائية الدولية

Abstract EN

Grounds of excluding criminal responsibility are set out in articles 31, to 33 of ICC Statute.

Such grounds are summed up as follows: if the person suffers from mental disease; the person is in a state of intoxication; in case of self-defense; if the conduct which is alleged to constitute a crime has been caused by duress; a mistake of fact; a mistake of law; orders of superiors and a legal obligation.

Study divided such grounds into personal; objective and specific grounds.

Study used descriptive analytical method.

It concluded with that grounds for excluding international criminal responsibility can be divided into two: personal and objective.

Personal grounds are those related to criminal capacity, and duress.

The objective ones are those related to self-defense, and the exceptional cases where criminal responsibility is excluded.

It also concluded that a solider shall not commit genocide or crimes against humanity based on an order by a superior as a ground for excluding criminal responsibility.