ยง 10
Exculpatory situation of necessity
1) Any person who commits a punishable act to avert an immediately imminent, substantial disadvantage from himself or another person shall be exculpated if the damage threatened by the
act is not disproportionately more severe than the disadvantage the act is meant to avert, and if a person in the perpetrator's situation who is committed to the legally protected values could not be expected to behave differently.
2) The perpetrator shall not be exculpated if he consciously exposed himself to the danger without any reason recognized by the legal order. The perpetrator shall be punished for negligent commission if he mistakenly assumed the conditions under which he would have been exculpated for his action, and if that mistake was due to negligence and if the negligent commission carries a penalty.
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;