Necessity - national proceedings

Yemen

Republican Decree for Law No 12 for the Year 1994 Concerning Crimes and Penalties

Book ONE
General Provisions on Crimes and Punishments

Part One
Crimes

Chapter Five
Reasons for Rejecting the Characteristic of a Crime

Section Three
The Rejection of Material Ground and the Negation of Error

Necessity and Moral Compulsion

Article (36):
Anyone who commits an act dictated by the necessity to protect himself or others, or the property of such a person or of others from any serious imminent danger that such a person did not cause intentionally; the latter could not prevent it by any other means, he shall not be responsible for such act, provided that the act so committed is in proportion with the danger intended to be avoided and the act shall not be considered as such, in the event that it is perpetrated by anyone who is legally obligated to confront such a danger.

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;