TITLE 2
CRIMINAL RESPONSIBILITY
CHAPTER 2
EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY
Article 35: Defence of necessity
A person who commits an offence out of necessity shall not be criminally responsible.
A state of necessity must meet the following conditions:
- the commission of the offence was necessary to defend oneself or to protect others or property against a present or imminent danger; and
- the means used for protection were not disproportionate to the seriousness of the danger.
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;