Spans in 'Germany - Criminal Code' tagged with 'Self-defence

'Self-defence - national proceedings' in document 'Germany - Criminal Code'

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The relevant provisions of implementing legislation: [1] [2]
The Relevant Provisions of the Rome Statute
Analysis

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER TWO
THE OFFENCE

FOURTH TITLE
SELF-DEFENCE, NECESSITY AND DURESS

Section 32
Self-defence

(1) A person who commits an act in self-defence does not act unlawfully.

(2) Self-defence means any defensive action that is necessary to avert an imminent unlawful attack on oneself or another.

GENERAL PART

CHAPTER TWO
THE OFFENCE

FOURTH TITLE
SELF-DEFENCE, NECESSITY AND DURESS

Section 33
Excessive self-defence

A person who exceeds the limits of self-defence out of confusion, fear or terror shall not be held criminally liable.

ANALYSIS

This provision is wider than the ICC Statute.

German criminal law (StGB Section 32) does not require that self-defence be reasonable and proportionate, in the manner that is required by Article 31 of the Rome Statute. The German penal code limits right to self-defence only indirectly and in exceptional cases (Matthias Neuner, General principles of International Criminal Law in Germany, pp. 105-136 in Matthias Neuner (ed.), National legislation implementing international crimes, Berlin: Berliner Wissenschafts-Verlag, 2003 - p. 114).