Part I. General Provisions

Chapter 3. Conditions governing criminal liability

Section 48.

No person may be punished for an act committed in self-defence.

It is a case of self-defence when an otherwise criminal act is committed for the prevention of or in defence against an unlawful attack if the act does not exceed what appeared to be necessary for that purpose, and it must not be considered absolutely unfitting to inflict so great an evil as is intended by the act in view of the dangerousness of the attack, the guilt of the assailant, or the legal right assailed.

The above provision concerning the prevention of an unlawful attack is also applicable to acts performed for the purpose of effecting a lawful arrest or preventing a prisoner from escaping from prison or custody.

If any person has exceeded the limits of self-defence, he shall nevertheless not be liable to a penalty if such excess is due solely to emotional upset or consternation caused by the attack.

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