Of Feline Kings and Spying Spirits
Year: 2024
Type: article
Abstract: This article deals with the perspective from which situations of duress under the Statute of the International Criminal Court have to be evaluated, in particular in cases in which (as in Ongwen) strongly individualised circumstances, such as a belief in spirits, have coloured the perception of the alleged threat. It critically analyses objective and subjective approaches, examines their weaknesses, and explores mediating perspectives. In this context, the objective individualised approach emerges as a method which, by focusing on the viewpoint of the social circle of the defendant, avoids the detrimental consequences of the traditional approaches and demonstrates appropriate alignment with the requirement of foreseeability.
DOI: 10.1093/jicj/mqae037
Author: Paul Behrens
Institution: University of Edinburgh
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W4402854204