PART TWO
ON CRIMES
Chapter 24 On General Grounds for Exemption from Criminal Responsibility
Section 4
An act by a person, in cases other than those described previously in this Chapter, if committed out of necessity, constitutes a crime only if it is indefensible having regard to the nature of the danger, the injury caused to another and to the circumstances in general.
Necessity exists when a danger threatens life, health, property or some other important interest protected by the law. (Law 1994:458)
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;