Chapter 4 – Grounds for exemption from liability
Section 5 - Necessity
(1) An act other than that referred to above in section 4, necessary to ward off an immediate and compelling threat to a legally protected interest, is permissible as an act of necessity if the act when assessed as a whole is justifiable, taking into account the nature and extent of the interest to be rescued and the damage and detriment caused by the act, the origin of the danger and the other circumstances.
(2) If the act committed in order to rescue a legally protected interest is not to be deemed permissible pursuant to subsection 1, the perpetrator is nonetheless free from criminal liability if the perpetrator could not reasonably have been expected to have acted otherwise, taking into account the importance of the interest to be rescued, the unexpected and compelling nature of the situation and the other circumstances.
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;