The General Part
Title II
Offences
Chapter II
Justifying causes
State of necessity
Art.23 - (1) An act provided in the criminal law committed by a person in order to save his/ her own life, corporal integrity or health or those of another person or an important asset of his/her own or of another person or a general interest, from imminent danger that could not be removed otherwise shall not be considered an offence.
(2) A person who, at the moment of perpetration, did not realise that he/she was causing obviously more serious consequences than those that could have occurred had the danger not been removed, shall also be in a state of necessity.
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;