Of Feline Kings and Spying Spirits

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.