CHAPTER II — GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
PART 6 — CIRCUMSTANCES IN WHICH THERE IS NO CRIMINAL RESPONSIBILITY
Division 4 — Circumstances involving external factors
Self defence
42.—(1) A person is not criminally responsible for an offence if he or she carries out the conduct constituting the offence in self defence.
(2) A person carries out conduct in self defence if and only if he or she believes the conduct is necessary :
(a) to defend himself or herself or another person ; or
(b) to prevent or terminate the unlawful imprisonment of himself or herself or another person ; or
(c) to protect property from unlawful appropriation, destruction, damage or interference ; or
(d) to prevent criminal trespass to any land or premises ; or
(e) to remove from any land or premises a person who is committing criminal trespass—
and the conduct is a reasonable response in the circumstances as he or she perceives them.
(3) This section does not apply if the person uses force that involves the intentional infliction of death or grievous harm—
(a) to protect property ; or
(b) to prevent criminal trespass ; or
(c) to remove a person who is committing criminal trespass.
(4) This section does not apply if—
(a) the person is responding to lawful conduct ; and
(b) he or she knew that the conduct was lawful.
(5) for the purposes of sub-section (4) conduct is not lawful merely because the person carrying it out is not criminally responsible for it.
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;