Necessity - national proceedings

Georgia

Georgia - Criminal Code 1999 (2024) EN

Article 30 – Extreme necessity

A person shall not be considered to have acted unlawfully if he/she commits an act provided for by this Code in absolute necessity , i.e. if he/she injures another person to avert the danger facing the legally protected interests of an injurer or of an any other person, provided that the danger could not have been avoided through other means and if the harm caused to these interests was less significant than the harm averted.

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;