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'Necessity' in document 'Belgium: Serious Violations of International Humanitarian Law '

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More information about the document 'Belgium: Serious Violations of International Humanitarian Law '
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 12
An article 136 octies shall be inserted into the same Title and shall read as follows:

“Article 136 octies
1. Notwithstanding the exceptions referred to in article 136 quater, paragraph 1(18), (22) and (23), no interest, nor any political, military or national necessity can justify the offences defined in articles 136 bis, 136 ter, 136 quater, 136 sexies and 136 septies, even when committed as a form of reprisal.

RELEVANT ROME STATUTE PROVISIONS

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