Before taking up their respective duties under this Statute, the judges the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.
Article 46 - Removal from office
A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:
- The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
- Made by other persons; or
- Constituted by other circumstances beyond that person's control.
- The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.
At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground for excluding criminal responsibility oteher than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.
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