Necessity - national proceedings

Philippines

Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity

Chapter II Definition of Terms

Section 3. For purposes of this Act, the term:

(l) "Military necessity" means the necessity of employing measures which are indispensable to achieve a legitimate aim of the conflict and are not otherwise prohibited by International Humanitarian Law

The Revised Penal Code of the Philippines

Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter Two
JUSTIFYING CIRCUMSTANCES and Circumstances which Exempt from Criminal Liability

ARTICLE 11. Justifying circumstances.
— The following do not incur any criminal liability :

4. Any person who, in order to avoid an evil or injury, does an act which causes damage to another, provided that the following requisites are present :
First. That the evil sought to be avoided actually exists ;
Second. That the injury feared be greater than that done to avoid it ;
Third. That there be no other practical and less harmful means of preventing it.

Title One
FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY

Chapter Two
JUSTIFYING CIRCUMSTANCES and Circumstances which Exempt from Criminal Liability

ARTICLE 12. Circumstances which exempt from criminal liability.
— the following are exempt from criminal liability :

5. Any person who acts under the compulsion of an irresistible force.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;