New Clause 3 - Defence against unlawful use of force
International Criminal Court Bill [Lords]
9:55 am
Professor Ross Cranston (Solicitor General, Law Officers' Department; Dudley North, Labour)
The hon. and learned Gentleman realises that the onus is on the prosecution to exclude the defence of self-defence—a principle set out in section 3 of the Criminal Law Act 1967 and in common law. The substance of subsection (1) of the new clause is therefore already dealt with in domestic law, as is the substance of subsection (3), given that duress is also recognised in domestic law.