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A perspective on the Rome Statute's defence of duress: The role of imminence

Moran, Clare Frances

Authors

Clare Frances Moran



Abstract

The concept of duress encapsulated in Article 31(1)(d) of the Rome Statute of the International Criminal Court is a novel inclusion in a statute created to allow prosecution of serious crimes against the person in international criminal law. Despite being the topic of much debate, the present state of the discourse remains at a fairly superficial level: existing studies focus on a general analysis of the defence and its conditions. This has included the way in which the defences merges necessity and duress, with only a few authors examining the conditions of ‘proportionality’ and ‘necessity.’ This study looks at an underexplored part of the defence: the condition of imminence. The purpose of this work is to explore the idea of imminence and to review whether a clearer definition of duress could have been used, replacing the idea of imminence with the concept of the individual selecting the lesser evil.

Citation

Moran, C. F. (2018). A perspective on the Rome Statute's defence of duress: The role of imminence. International Criminal Law Review, 18(1), 154-177. https://doi.org/10.1163/15718123-01801001

Journal Article Type Article
Acceptance Date Sep 21, 2017
Publication Date Feb 15, 2018
Deposit Date Sep 22, 2017
Publicly Available Date Mar 28, 2024
Journal International Criminal Law Review
Print ISSN 1567-536X
Publisher Brill Academic Publishers
Peer Reviewed Peer Reviewed
Volume 18
Issue 1
Pages 154-177
DOI https://doi.org/10.1163/15718123-01801001
Keywords International criminal law; International Criminal Court; duress; imminence
Public URL http://researchrepository.napier.ac.uk/Output/990014

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