Critical Study on 'Mental Incapacity in International Criminal Court

• Author: Venus Ghareh Baghi
• Position: PhD in progress, Faculty of Law in Islamic Azad University, branch of Kazerun, No 159, 7th Boostan St., Pasdaran Ave, P.O.BOX: 19585/466, Tehran, Irán
• Pages: 78-86

ACTA UNIVERSITAT

78

Abstract:

The subject of are

undecided about desirabilit

disagreement on the defens

definition of mental incapa

exclusion one response

to pr

narrows the definitio n of me

excuse and justification with

sentence in some

cases, whic

Keywords

: diminished respo

1. Introduction

The Rome Statute con

“defense

” derives fro

undifferentiated concep

punishability and prose

types of exoneration u

presents multifaceted ch

The subject area of defe

been undecid

ed about d

has been much disagree

system. Under the inte

the right to present hi

respect, international cr

most continental legal s

It is obvious the defens

where it has been accep

1

PhD in progress,

Faculty o

Boostan St., Pasdaran Ave, P

21 22 76 02 02.

Correspondin

ATIS DANUBIUS

Critical Study on “Mental Incapa

International Criminal Cour

Venus GHAREH BAGHI

1

area defenses is debated and not yet settled. So law makers

ility of for mulating di

screte separate d efenses there has

nse as defined by di fferent municipal legal system. The IC

pacity are broadly state, witho ut any prospectively applie

procedural difficulty might be through a change in the substa

mental in capacity. International criminal court has been conf

ithin defense of mental incapacity thus, such dif

ficult led to

hich this question will be contrary to criminal justice.

sponsibility; mitigation responsibility

; common law; mental inc

ontains a catalo

gue of defenses in articles 31-

33

from Anglo

-

American law and is a rather

cept

,

comprising both, substantive and procedur

osecution. Most civil law systems refrain from

pu

n under one heading. Thus

the

mental incapaci

challenge to the system international prosecution.

efenses is extremely unsettled. So law marker and

t desirability of formulating discrete separate defe

reement on the defense as defined by different mun

ternational prosecution systems adversarial, the a

hi

s or her own testimony, including expert, witn

criminal prosecutions also differ from criminal pro

l system.

ense of mental incapacity derived from national cri

cepted plea for many centuries. It played a limited

y o

f Law in Islamic Azad University, branch of Kazerun,

e, P.O.BOX: 19585/466, Tehran,

Iran. Tel.: + 98 21 22 56 51

ding author:

venus_gh645@yahoo.com.

AUDJ, vol

. VII, no.

No. 2/2011

pacity in

ourt

rs and jurist are

as been much

ICTY an ICC

lied categorical

stantive law that

nfused between

to differentiate

incapacity

33. The term

r broad and

dural bars to

putting both

acity defense

nd jurist have

efenses there

unicipal legal

e accused has

itness, in the

proceeding in

criminal law,

ed role in the

n, No 159, 7th

51 49, fax:

+ 98

o.

2, pp. 78-86