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Human Rights and Personal Self-Defense in International Law – eBook

eBook details

  • Author: Jan Arno Hessbruegge
  • File Size: 156 MB
  • Format: PDF
  • Length: 400 pages
  • Publisher: Oxford University Press
  • Publication Date: January 2017
  • Language: English
  • ASIN: B01MXW0A88
  • ISBN-10: 019065502X
  • ISBN-13: 9780190655020

While an abundance of literature covers the right of states to defend themselves against external aggression, this (Human Rights and Personal Self-Defense in International Law) is the1st ebook dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights scholar and practitioner, Dr. Jan 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 PDF ebook 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.

Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private citizens. Setting out the prevailing international standards, the ebook critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms and guns for self-defense purposes.

In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here 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.

Review

“I know of no other publication that has studied in comparable depth and level of detail the use of lethal force by security forces in exercise of the right to self-defence and defence of others. This renders the ebook not only of academic interest, but also of remarkable practical relevance.” – Professor Dr. Wolff Heintschel von Heinegg, Chair of International Law, Europe-University Viadrina
“This ebook deals with a complex, interwoven set of topics usually considered to be distinct – the various guises of personal self-defense in international law – and does so in a coherent, rigorous and original way, with an overarching central argument. It makes a significant contribution to the existing literature, which currently has no other work of comparable rigour and systematic quality. The quality of the underlying research is excellent, and the coverage is comprehensive.” – Marko Milanovic, Associate Professor of Law, The University of Nottingham School of Law

“This fascinating book advances the crucial dialogue between municipal and international law, apt for the current age. Whilst recognising the demands of international law to reasonably curb the self-defence of police, it advocates the recognition of self-defence and resistance against intolerable state conduct. By throwing light on the common needs for limitations and proportionality, Hessbruegge challenges us all to delineate the boundaries of self-defence in a principled, yet pragmatic way.” – The Hon. Michael Kirby AC CMG (Past Justice of the High Court of Australia, Formerly Chair of the UN Commission of Inquiry on North Korea)

“This ebook is both academically rigorous and an engaging read, covering an impressive range of cases. These include the Moscow theatre siege (Finogenov) and the shooting of Jean-Charles de Menezes. There are also fascinating perspectives from the history of religious and philosophical thought, such as the Buddhist tale of the ‘Compassionate Captain who kills a prospective mass murderer in order both to spare the felon from the bad karma he will incur and to save his crew from committing the sin of killing with anger in their thoughts.” – Adrian Lower, District Judge, Law Society Gazette

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