Genocide, Murder and the Fundamental Human Right to Defend One's Life PDF Download
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Author: Don B. Kates Publisher: ISBN: Category : Languages : en Pages : 11
Book Description
In a recent survey, several European international law professors deny that there is any human right to self-defense and claim that nations, but not individuals, have this right. This article refutes this view asserting that the right to human life as enunciated in the United Nations Charter has no substance unless it includes the right to preserve life. Indeed, the International Criminal Court and every nation in the world recognizes the right of a victim to use force, including deadly force, to repel homicidal aggression. The argument that the government's protection substitutes a victim's right to a gun is fiction since police have no duty to protect endangered individuals, nor do they come close to possessing the resources to protect every potential victim.
Author: Don B. Kates Publisher: ISBN: Category : Languages : en Pages : 11
Book Description
In a recent survey, several European international law professors deny that there is any human right to self-defense and claim that nations, but not individuals, have this right. This article refutes this view asserting that the right to human life as enunciated in the United Nations Charter has no substance unless it includes the right to preserve life. Indeed, the International Criminal Court and every nation in the world recognizes the right of a victim to use force, including deadly force, to repel homicidal aggression. The argument that the government's protection substitutes a victim's right to a gun is fiction since police have no duty to protect endangered individuals, nor do they come close to possessing the resources to protect every potential victim.
Author: Jennifer Trahan Publisher: ISBN: Category : Political Science Languages : en Pages : 296
Book Description
This unique book organizes the decisions of the International Criminal Tribunal for the former Yugoslavia by topic, including genocide, crimes against humanity, war crimes, individual criminal responsibility, command responsibility, affirmative defenses, jurisdiction, sentencing, fair trial rights, guilty pleas and appellate review. In selected cases, the book also applies key aspects of the law to the facts of the case.
Author: Jan Arno Hessbruegge Publisher: Oxford University Press ISBN: 019065502X Category : Law Languages : en Pages : 401
Book Description
While an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. The author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
Author: George P. Fletcher Publisher: Oxford University Press ISBN: 0198040350 Category : Law Languages : en Pages : 286
Book Description
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author: H. G. Van Der Wilt Publisher: Martinus Nijhoff Publishers ISBN: 9004153284 Category : Law Languages : en Pages : 306
Book Description
Genocide is acknowledged as 'the crime of crimes'. This book is the product of an encounter between scholars of historical and legal disciplines which have joined forces to address the question of whether the legal concept of genocide still corresponds with the historical and social perception of the phenomenon.
Author: J. Roth Publisher: Springer ISBN: 0230554830 Category : Philosophy Languages : en Pages : 373
Book Description
Genocide is evil or nothing could be. It raises a host of questions about humanity, rights, justice, and reality, which are key areas of concern for philosophy. Strangely, however, philosophers have tended to ignore genocide. Even more problematic, philosophy and philosophers bear more responsibility for genocide than they have usually admitted. In Genocide and Human Rights: A Philosophical Guide, an international group of twenty-five contemporary philosophers work to correct those deficiencies by showing how philosophy can and should respond to genocide, particularly in ways that defend human rights.
Author: Don B. Kates
Author: Don B. Kates
Author: Barbara Harff
Author: Jennifer Trahan
Author: Jan Arno Hessbruegge
Author: George P. Fletcher
Author: 
Author: Civil Rights Congress (U.S.)
Author: H. G. Van Der Wilt
Author: J. Roth
Author: Payam Akhavan