Necessity - national proceedings

Iceland

Iceland - Criminal Code 1940 (2019) EN

II. chapter. General penalty conditions.

Article 13
This work is unpunished, which was necessary for the purpose of protecting legitimate interests from imminent danger, although it would reduce other interests, which must be considered to be much smaller.

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;