New Clause 3 - Defence against unlawful use of force
International Criminal Court Bill [Lords]
9:55 am
``(1) A person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for survival of the person, or another person, or property which is essential for accomplishing a military mission, when he acts against an imminent and unlawful use of force in a manner proportionate to the degree of danger to that person, or the other person, or property protected.
(2) A person may rely on the above defence if he can establish, on the balance of probabilities, that he was acting as part of a defensive operation and/or there was a necessity to act in this way.
(3) It shall be a defence to any allegation under the ICC Statute, that the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been—
(a) caused by duress resulting from a threat of imminent death or constituting imminent serious bodily harm against that person, or another person, and
(b) the person acts necessarily and reasonably to avoid this threat.''.—[Mr. Garnier.]
Brought up, and read the First time.