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

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

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About The Author

Jan Arno Hessbruegge

While there is an abundance of literature covering the right of states to defend themselves against external aggression, Human Rights and Personal Self-Defense in International Law, an eBook by Dr. Jan Hessbruegge is the first of its kind wholly dedicated to the right to personal self-defense in international law. Dr. Hessbruegge, drawing on his vast experience as a human rights scholar and practitioner, lays out in minute 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 set the parameters of how broad or narrow the laws can be drawn on self-defense between private citizens. The eBook critically examines the ongoing trend to excessively broaden self-defense laws while setting out the prevailing international standards. It also disputes 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-defense sharpens human rights and allows individuals 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. However, Dr. Hessbruegge calls into question prevalent state practice that 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

Dr. Hessbruegge’s eBook is remarkable in its practical relevance and academic interest. The book is the only one that studies in comparable depth and level of detail the use of lethal force by security forces exercise of the right to self-defense and defense of others. This fact makes the book unique and valuable. – Professor Dr. Wolff Heintschel von Heinegg, Chair of International Law, Europe-University Viadrina
The eBook underlines a comprehensive, rigorous, and original way of dealing with complex, interwoven topics that are usually regarded as distinct, i.e., the various guises of personal self-defense in international law. It presents an overarching central argument, making a significant contribution to the existing literature, and the underlying research’s quality is excellent, with comprehensive coverage. – Marko Milanovic, Associate Professor of Law, The University of Nottingham School of Law
The eBook creates a fascinating dialogue between municipal law and international law suitable for the current age. Dr. Hessbruegge recognizes international law must reasonably curb the self-defense of police while advocating for the recognition of self-defense and resistance against intolerable state conduct. The book challenges us all to delineate the boundaries of self-defense in a principled yet practical way by shining a light on the common needs for limitations and proportionality. – 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)
The book is academically rigorous and an engaging read, covering an impressive range of cases, including the Moscow theater siege (Finogenov) and the shooting of Jean-Charles de Menezes. It also incorporates 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 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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