Download Ebook BookSelf-Defence in International and Criminal Law The Doctrine of Imminence

Ebook Self-Defence in International and Criminal Law The Doctrine of Imminence

Ebook Self-Defence in International and Criminal Law The Doctrine of Imminence

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Book Details :
Published on: 2013-04-13
Released on: 2013-04-13
Original language: English

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. Malignant SelfLove - Narcissism Revisited - Escape Abuse! Visit the Author's Web site: samvak.tripod.com . Buy other books about pathological narcissism and relationships. with abusive narcissists and psychopaths here: S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 ... S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1995 (2) SACR 1 (6 June 1995) On Some Misunderstandings Concerning Preemptive Self-Defense [1] Anthony Arend International Law and the Preemptive Use of Military Force The Washington Quarterly Spring 2003; John Yoo Using Force 71 U. Chi. L ... Are US airstrikes in Syria legal? - Legal Cheek The law of war and why it could be improved. When the United States accompanied by Bahrain Jordan Qatar Saudi Arabia and the United Arab Emirates begun a ... Duress in English law - Wikipedia For United States law on the criminal defense as well as for duress in contract law see duress. Duress in English law is a complete common law defence operating in ... Initial Thoughts on the UK Attorney Generals Self-Defence ... This is part of a series of posts discussing the UK Attorney Generals speech on the Modern Law of Self-Defence. See also the other posts in the series by Monica ...
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