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Human Rights and Personal Self-Defense in International Law (Hardcover)
Loot Price: R2,873
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Human Rights and Personal Self-Defense in International Law (Hardcover)
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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. Drawing on his extensive experience as a human
rights practitioner and scholar, 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. Human rights also establish
parameters on how broad or narrow the laws can be drawn on
self-defense between private persons. Setting out the prevailing
international standards, the book 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 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.
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