ABSTRACT
This chapter discusses the defences that are set out in Articles 31–33 of the International Criminal Court (ICC) Statute and analyses what extent a cultural defence can be raised, based on these provisions. It examines if a cultural defence can be raised before the Court independent of these provisions. Defences are a core aspect of domestic criminal law, and the contours and nature of various defences have garnered significant discussion and analysis. Despite the recognition of the right to raise a defence in international law, and the inclusion of this right in statutes of international criminal tribunals, defences to international crimes remain at the periphery of international criminal law. Given the Western character of international criminal justice, and the dominant legal cultures that influenced the ICC's legal framework, it is questionable whether ICC judges will take cultural claims seriously if they are raised as part of defences.
