Human Rights and Personal Self-Defense in International Law
Jan Arno Hessbruegge
Abstract
Although overshadowed by the right to interstate self-defense, the right to personal self-defense also forms part of international law. It is a general principle of law recognized by nations, because it can be, found in the major natural law traditions of the world and all domestic criminal law systems. In international law, it has had its deepest impact on human rights law, even though it is not a human right itself. The right to personal self-defence interacts with human rights on three levels: State-to-individual level: Within tight boundaries, the right to defend oneself and others justifi ... More
Although overshadowed by the right to interstate self-defense, the right to personal self-defense also forms part of international law. It is a general principle of law recognized by nations, because it can be, found in the major natural law traditions of the world and all domestic criminal law systems. In international law, it has had its deepest impact on human rights law, even though it is not a human right itself. The right to personal self-defence interacts with human rights on three levels: State-to-individual level: Within tight boundaries, the right to defend oneself and others justifies infringements of basic human rights by state authorities. It marks the sole case where law enforcement agents may intentionally and without judicial sentence kill in peacetime. Use of lethal force by the military may exceptionally also come to be assessed by self-defence standards. Individual-to-individual level: International human rights law establishes boundaries on how broadly domestic laws on personal self-defense between private persons may be drawn. While states must recognize a reasonable right to self-defense, international law does not grant a right to firearms as a means of self-defense. Individual-to-state level: In exceptional circumstances, the right to personal self-defense also sharpens the human rights of individuals, allowing them to forcibly resist certain type of human rights violations committed by state agents. However, even in the face of genocide or other mass atrocities state practice regrettably does not recognize a collective right to organized armed resistance.
Keywords:
International law,
human rights,
criminal law,
self-defense,
law enforcement,
resistance,
lethal force,
firearms,
security forces,
international humanitarian law
Bibliographic Information
Print publication date: 2017 |
Print ISBN-13: 9780190655020 |
Published to Oxford Scholarship Online: December 2016 |
DOI:10.1093/acprof:oso/9780190655020.001.0001 |