Self-defence - national proceedings

Malawi

Malawi - Penal code 1930 (1999) EN

PART I
GENERAL PROVISIONS

CHAPTER IV
GENERAL RULES AS TO CRIMINAL RESPONSIBILITY

17. Defence of person or property

Subject to any express provisions in this Code or any other law in operation in Malawi, criminal responsibility for the use of force in the defence of person or property shall be determined according to the principles of English common law.

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;