Self-defence - national proceedings

Guyana

Guyana - Constitution 1980 (2016) EN

PART 2. SPECIFIC RULES

TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

138. Protection of right to life

3. Without prejudice to any liability for a contravention of any other law with respect to the use of force in such cases as are hereinafter mentioned, a person shall not be regarded as having been deprived of his or her life in contravention of this article if he or she dies as the result of the use of force to such extent as is reasonably justifiable in the circumstances of the case-
• for the defence of any person from violence or for the defence of property;
• in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
• for the purpose of suppressing a riot, insurrection or mutiny; or
• in order to prevent the commission by that person of a criminal offence,
or if he or she dies as the result of a lawful act of war.

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;