Self Defence In International And Criminal Law
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Self Defence In International Law
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Author : D. W. Bowett
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
Self Defence In International Law written by D. W. Bowett and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Légitime défense (Droit international). categories.
Self-defense and the right to go to war. Originally published: New York: Praeger, [1958]. xv, 294 pp. Bowett observes that the use or threat of force by any state can be a delict, an approved sanction, or a measure taken in self-defense. He examines the evolution of self-defense doctrine in the nineteenth and early-twentieth centuries, with the assumption of the existence of a state's unlimited 'right' to go to war. He then attempts to outline the limited and provisional effects of this right under the U.N. Charter. This book was written after Bowett's term as a United Nations legal officer from 1957-1959. "Throughout the work there is a refusal to dogmatize or to state in absolute terms any aspect of the 'privilege' of self-defence in its present context. (...) [Bowett] is to be congratulated on producing a timely and scholarly survey of one of the most fundamental, and often abused, sovereign rights known to international law." --K.R. Simmonds, British Year Book of International Law 34 (1958) 432. SIR DEREK WILLIAM BOWETT [1927-2009], an international lawyer, was President of Queens' College, Cambridge from 1969-1982 and Whewell Professor of International Law, Cambridge, from 1981-1991. He was awarded a CBE in 1983 and a knighthood in 1998. He is the author of The Law of International Institutions (1963), United Nations Forces: A Legal Study (1964), The Law of the Sea (1967), The Search for Peace (1972) and The International Court of Justice (1996).
Self Defence In International And Criminal Law
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Author : Onder Bakircioglu
language : en
Publisher: Routledge
Release Date : 2011-05-11
Self Defence In International And Criminal Law written by Onder Bakircioglu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-11 with Law categories.
The book provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. In particular it focuses on the requirement of imminence, which deals with the question of when individuals or States may legitimately resort to defensive force against a serious danger or harm. Drawing from scholarship across law, history, politics and philosophy, this book explores the permissibility of employing preventive force under the law of individual and national self-defence. The book illustrates how the law of international self-defence, and in particular the requirement of imminence, has been subjected to controversy in parallel with its domestic counterpart. In both disciplines the debate over imminence is centred on similar concerns, issues and tensions despite the fact the arguments put forward are designed to address different scenarios. The book surveys the roots, role, rationale, and objectives of self-defence and questions whether the requirement of imminence should be removed from the traditional contours of the self-defence doctrine in national and international law.
Defenses In Contemporary International Criminal Law
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Author : Geert-Jan G. J. Knoops
language : en
Publisher: BRILL
Release Date : 2008
Defenses In Contemporary International Criminal Law written by Geert-Jan G. J. Knoops and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The Second Edition of "Defenses in Contemporary International Criminal Law" ventures farther into this uneasy territory than any previous work, offering a meticulous analysis of the case law in the post World War II Military Tribunals and the ad hoc tribunals for Rwanda and the Former Yugoslavia, with particular attention to the defenses developed, their rationales, and their origins in various municipal systems. It analyzes the defense provisions in the charters and statutes underlying these tribunals and the new International Criminal Court, while examining the first judgment in this field rendered by the Special Court for Sierra Leone, on June 20, 2007. The conceptual reach of this work includes not only the defenses recognized in the field's jurisprudence and scholarship (superior orders, duress, self-defense, insanity, necessity, mistake of law and fact, immunity of States), but also presents a strong case for the incorporation of genetic and neurobiological data into the functioning of certain defenses. Procedural mechanisms to invoke these defenses are also addressed.
Human Rights And Personal Self Defense In International Law
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Author : Jan Arno Hessbruegge
language : en
Publisher: Oxford University Press
Release Date : 2017
Human Rights And Personal Self Defense In International Law written by Jan Arno Hessbruegge and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
Based on author's thesis (doctoral - European University Viadrina in Frankfurt (Oder), Germany, 2016) issued under title: The right to personal self-defence as a general principle of law and its general application in international human rights law --Verso of title page.
Anticipatory Action In Self Defence
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Author : Kinga Tibori Szabó
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-08-22
Anticipatory Action In Self Defence written by Kinga Tibori Szabó and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-22 with Law categories.
The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.
Self Defence In Criminal Law
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Author : Boaz Sangero
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-07-24
Self Defence In Criminal Law written by Boaz Sangero and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-24 with Law categories.
This book combines a careful philosophical discussion of the rationale justifying self-defence with a detailed discussion of the range of statutory self-defence requirements, as well as discussions of numerous other relevant issues (i.e. putative self-defense, excessive self-defense, earlier guilt and battered women). The book argues that before formulating definitions for each aspect of self-defence (necessity, proportionality, retreat, immediacy, mental element, etc.) it is imperative to determine the proper rationale for self-defence and, only then to derive the appropriate solutions. The first part contains an in-depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability, and the author critically analyzes current theories (culpability of the aggressor; autonomy of the attacked person; protection of the social-legal order; balancing interests; choice of the lesser evil) and points out the weaknesses of each theory before proposing a new theory to explain the justification of self-defence. The new theory is that for the full justification of self-defence, a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor, as well as the relevant abstract factors: the autonomy of the attacked person, the culpability of the aggressor, and the social-legal order. The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale can be applied to develop solutions to the complex questions raised.
General Defences In Criminal Law
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Author : Alan Reed
language : en
Publisher: Routledge
Release Date : 2016-04-15
General Defences In Criminal Law written by Alan Reed and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Rethinking Self Defence
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Author : T Markus Funk
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-01-14
Rethinking Self Defence written by T Markus Funk and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-14 with Law categories.
Self-defence – the 'ancient right' – has never been more relevant than in the present era of widespread calls for criminal justice reform. The book substantially advances the patinaed discussion by introducing for the first time a comprehensive value-centric approach to thinking about the defence's deeper rationale. It tackles core issues such as the relative importance of the State's claimed monopoly on force, procedural justice and the need to shore up the justice system's legitimacy and creditworthiness, everyone's presumptive 'right to life,' and the importance of ensuring equal standing between citizens. And, in so doing, the book breaks ground by addressing public perceptions of 'just' and 'right' outcomes, as well as the emphasis legal systems place (and should place) on State power.
Defending Humanity
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Author : George P. Fletcher
language : en
Publisher: Oxford University Press
Release Date : 2013-02-01
Defending Humanity written by George P. Fletcher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-01 with Law categories.
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.
Killing In Self Defence
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Author : Fiona Leverick
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 2006
Killing In Self Defence written by Fiona Leverick and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
In what circumstances should we be allowed to kill an intruder who breaks into our home? Should battered women be forgiven for killing their husbands? This book analyses the questions raised by the argument of self-defence, and offers a theoretical framework for understanding the defence in the context of human rights norms.