Like Apples and Oranges: A Comparative Study of the Defence of Duress as Codified by the Rome Statute of the International Criminal Court

Abstract

The Rome Statute of the International Criminal Court has created international law in the area of defences, by codifying a number of defences which are available at the domestic level. However, in creating the law it has disregarded the characterisation of the discipline as a ‘fusion’ between international law and domestic criminal law, as some of the defences codified are not available for serious crimes against the person at the national level. The defence of duress is one such contentious example, wherein domestic jurisdictions take different perspectives on the defence. This study examines those different perspectives from a number of influential jurisdictions and ascertains the current position of the defence generally at the national level.