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Taking into account Article 31 of the Rome Statute, which of the following arguments cannot be regarded as an effective defence?1 pointThe accused suffered from mental disease that destroyed his/her control over the conduct to conform to the requirements of the lawThe accused acted pursuant to his/her official capacityThe accused acted under duressThe accused was under eighteen years of age when he/she command the crime

Question

Taking into account Article 31 of the Rome Statute, which of the following arguments cannot be regarded as an effective defence?1 pointThe accused suffered from mental disease that destroyed his/her control over the conduct to conform to the requirements of the lawThe accused acted pursuant to his/her official capacityThe accused acted under duressThe accused was under eighteen years of age when he/she command the crime

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Solution

According to Article 31 of the Rome Statute, the argument that "The accused acted pursuant to his/her official capacity" cannot be regarded as an effective defence. This is because the Rome Statute explicitly states that official capacity as a government official does not exempt a person from criminal responsibility.

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