Necessity - national proceedings

Bahamas

Bahamas - Penal Code 1924 (2010)

BOOK I
GENERAL PROVISIONS

TITLE vii
JUSTIFIABLE FORCE AND HARM

98. Grounds on which force or harm may be justified, within prescribed limits.

(6) necessity for prevention of or defence against crime;

(7) necessity for defence of property or possession or for overcoming obstruction to the exercise of lawful rights ;

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;