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criminal responsibility [Global Index]


ARTICLE-17: Issues of admissibility     [go to this ARTICLE]
... (a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5; ...


ARTICLE-20: Ne bis in idem     [go to this ARTICLE]
... (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or ...


ARTICLE-25: Individual criminal responsibility     [go to this ARTICLE]
... Individual criminal responsibility ...
... 4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. ...


ARTICLE-27: Irrelevance of official capacity     [go to this ARTICLE]
... 1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence. ...


ARTICLE-28: Responsibility of commanders and other superiors     [go to this ARTICLE]
... In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: ...


ARTICLE-31: Grounds for excluding criminal responsibility     [go to this ARTICLE]
... 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: ...
... (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; ...
... 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     [go to this ARTICLE]
... 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. ...
... 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     [go to this ARTICLE]
... 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: ...


ARTICLE-54: Duties and powers of the Prosecutor with respect to investigations     [go to this ARTICLE]
... (a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally; ...