Self Defence In International And Criminal Law

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Self-Defence in International and Criminal Law

Onder Bakircioglu
Self Defence in International and Criminal Law Book PDF

Author : Onder Bakircioglu
Publisher : Routledge
Page : 274 pages
File Size : 41,8 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781136702730

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Self-Defence in International and Criminal Law by Onder Bakircioglu Pdf

Drawing from scholarship across law, history, politics and philosophy, Self-Defence in International and Criminal Law provides a broad and interdisciplinary approach to the doctrine of self-defence in both domestic criminal and international law. 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. In both national and international law the imminence requirement, if strictly applied, renders any defensive measure taken in anticipation of a would-be attack illegal. Recently, however, attempts have been made to relax the temporal requirement of the self-defence doctrine (imminence) with a view to allowing individuals or States to employ deadly force to arrest an anticipated threat when they ‘believe’ that using ‘pre-emptive’ lethal force would be the only way to thwart an expected harm. In domestic criminal law, it has been argued that it is necessary to relax the rule of imminence in domestic violence cases where women employ lethal force against their abusive partners when there is no imminent threat to justify defensive force. At the international level, while there has long been controversy as to the justifiability of pre-emptive force in non-confrontational settings, following the September 11 attacks, the Bush Administration’s ‘war on terror’ policy radically shifted the focus from the notion of anticipation to that of prevention, making it clear that, if necessary, it would invoke unilateral force against emerging threats before they are fully formed. 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.

Self-defence in International Law

D. W. Bowett
Self defence in International Law Book PDF

Author : D. W. Bowett
Publisher : The Lawbook Exchange, Ltd.
Page : 310 pages
File Size : 51,8 Mb
Release : 2009
Category : Légitime défense (Droit international).
ISBN : 9781584778554

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Self-defence in International Law by D. W. Bowett Pdf

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

Onder Bakircioglu
Self Defence in International and Criminal Law Book PDF

Author : Onder Bakircioglu
Publisher : Routledge
Page : 289 pages
File Size : 40,5 Mb
Release : 2011-05-11
Category : Law
ISBN : 9781136702747

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Self-Defence in International and Criminal Law by Onder Bakircioglu Pdf

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

Geert-Jan G. J. Knoops
Defenses in Contemporary International Criminal Law Book PDF

Author : Geert-Jan G. J. Knoops
Publisher : BRILL
Page : 373 pages
File Size : 43,6 Mb
Release : 2008
Category : Law
ISBN : 9781571051585

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Defenses in Contemporary International Criminal Law by Geert-Jan G. J. Knoops Pdf

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.

Killing in Self-defence

Fiona Leverick
Killing in Self defence Book PDF

Author : Fiona Leverick
Publisher : Oxford Monographs on Criminal
Page : 246 pages
File Size : 51,9 Mb
Release : 2006
Category : Law
ISBN : 9780199283460

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Killing in Self-defence by Fiona Leverick Pdf

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.

War, Aggression and Self-Defence

Yoram Dinstein
War Aggression and Self Defence Book PDF

Author : Yoram Dinstein
Publisher : Cambridge University Press
Page : 409 pages
File Size : 47,9 Mb
Release : 2011-10-20
Category : Law
ISBN : 9781139503174

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War, Aggression and Self-Defence by Yoram Dinstein Pdf

Yoram Dinstein's influential textbook is an indispensable guide to the legal issues of war and peace, armed attack, self-defence and enforcement measures taken under the aegis of the Security Council. This fifth edition incorporates recent treaties such as the Kampala amendments of the Statute of the International Criminal Court, new case law from the International Court of Justice and other tribunals, and contemporary doctrinal debates. Several new supplementary sections are also included, which take into account recent conflicts around the world, and consideration is given to new resolutions of the Security Council. With many segments having been rewritten to reflect recent State practice, this book remains a wide-ranging and highly readable introduction to the legal issues surrounding war and self-defence.

Human Rights and Personal Self-defense in International Law

Jan Arno Hessbruegge
Human Rights and Personal Self defense in International Law Book PDF

Author : Jan Arno Hessbruegge
Publisher : Oxford University Press
Page : 401 pages
File Size : 53,9 Mb
Release : 2017
Category : Law
ISBN : 9780190655020

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Human Rights and Personal Self-defense in International Law by Jan Arno Hessbruegge Pdf

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

Kinga Tibori Szabó
Anticipatory Action in Self Defence Book PDF

Author : Kinga Tibori Szabó
Publisher : Springer Science & Business Media
Page : 356 pages
File Size : 50,6 Mb
Release : 2011-08-22
Category : Law
ISBN : 9789067047968

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Anticipatory Action in Self-Defence by Kinga Tibori Szabó Pdf

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.

The Inherent Right of Self-Defence in International Law

Murray Colin Alder
The Inherent Right of Self Defence in International Law Book PDF

Author : Murray Colin Alder
Publisher : Springer Science & Business Media
Page : 236 pages
File Size : 45,9 Mb
Release : 2012-09-21
Category : Law
ISBN : 9789400748514

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The Inherent Right of Self-Defence in International Law by Murray Colin Alder Pdf

Determining the earliest point in time at which international law authorises a state to exercise its inherent right of self-defence is an issue which has been debated, but unsatisfactorily reasoned, by scholars and states since the 1960’s. Yet it remains arguably the most pressing question of law that faces the international community. This book unravels the legal and factual complications which have obscured the answer to this question. In contrast to most other works, it takes an historic approach by tracing the evolution of the rights, rules and principles of international law which have governed the use of force by states since the 16th century. Its emphasis on self-defence provides the reader with a new and complete understanding of how and why the international legal framework limits defensive force to repelling an imminent threat or use of offensive force which is directed at the territory of a state. Taking an historic approach enables this book to resurrect an understanding of the human defensive instinct which has guided the formation of the international law of self-defence. It also explains the true legal nature and scope of the inherent right of self-defence, of anticipatory self-defence and provides a definition of the legal commencement of an armed attack for the purpose of Article 51 of the Charter. Finally, the reader will receive a unique source of research materials and analysis of state practice and of scholarly works concerning self-defence and the use of force since the 16th century, which is suitable for all readers of international law around the world.

Self-defence in Criminal Law

Boaz Sangero
Self defence in Criminal Law Book PDF

Author : Boaz Sangero
Publisher : Unknown
Page : 376 pages
File Size : 49,8 Mb
Release : 2006
Category : Self-defense (Law)
ISBN : 1472559932

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Self-defence in Criminal Law by Boaz Sangero Pdf

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 f.

NATO Rules of Engagement

Camilla Guldahl Cooper
NATO Rules of Engagement Book PDF

Author : Camilla Guldahl Cooper
Publisher : BRILL
Page : 498 pages
File Size : 41,6 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004401686

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NATO Rules of Engagement by Camilla Guldahl Cooper Pdf

In NATO Rules of Engagement, Camilla Guldahl Cooper provides a thorough analysis of NATO rules of engagement, and offers clarity on a concept which despite its considerable political, strategic and operational importance, is often misunderstood.

Necessity and Proportionality and the Right of Self-Defence in International Law

Chris O'Meara
Necessity and Proportionality and the Right of Self Defence in International Law Book PDF

Author : Chris O'Meara
Publisher : Oxford University Press
Page : 289 pages
File Size : 49,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780192608567

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Necessity and Proportionality and the Right of Self-Defence in International Law by Chris O'Meara Pdf

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.

Rethinking Self-Defence

T Markus Funk
Rethinking Self Defence Book PDF

Author : T Markus Funk
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 48,6 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509934195

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Rethinking Self-Defence by T Markus Funk Pdf

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.

Self-Defence in Criminal Law

Boaz Sangero
Self Defence in Criminal Law Book PDF

Author : Boaz Sangero
Publisher : Bloomsbury Publishing
Page : 394 pages
File Size : 48,8 Mb
Release : 2006-07-24
Category : Law
ISBN : 9781847312747

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Self-Defence in Criminal Law by Boaz Sangero Pdf

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.

Defending Humanity

George P. Fletcher,Jens David Ohlin
Defending Humanity Book PDF

Author : George P. Fletcher,Jens David Ohlin
Publisher : Oxford University Press
Page : 288 pages
File Size : 48,7 Mb
Release : 2013-02-01
Category : Law
ISBN : 9780199927050

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Defending Humanity by George P. Fletcher,Jens David Ohlin Pdf

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.