One of the most important issues in international criminal law is defenses. This issue has also significance in national law. In civil and criminal law system, there is a different approach with this question. The lawyers have named this question as forgotten point in international criminal law. International and national jurisprudence is often different and controversial in this matter. There are some reasons for this controversial and differentiated. This paper is studying about defenses in international and national criminal law from view point of comparative and criticized the rules on this matter. The defenses (Grounds excluding from criminal responsibility) are regarding in this article are: self-defense, mental incapacity, intoxication, coercion and necessary, the defense of superior obedience. In this article we are looking for to describe which approach is taken by international criminal court statute.