human rights and personal self defense in international law pdf buqz
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==> human rights and personal self defense in international law pdf <==
Human rights and personal self-defense in international law are interrelated concepts that address the protection of individuals from harm while balancing state authority and individual liberties. Human rights are fundamental entitlements inherent to all people, often enshrined in international treaties such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These rights, which include the right to life, security, and freedom from torture, impose obligations on states to respect and protect individuals against violations, including those perpetrated by state actors or third parties. Personal self-defense, as recognized under international law, allows individuals to use reasonable force to protect themselves from imminent harm. Article 51 of the United Nations Charter affirms the inherent right of self-defense in the context of armed attacks, yet this principle can also apply to personal defense situations outside state conflicts. The justification for self-defense must meet specific criteria: the threat must be imminent, the response must be proportional to the threat, and it should ideally be a last resort after all other means of protection have failed. Balancing these two concepts—human rights and self-defense—can be complex; for example, while individuals have the right to defend themselves, excessive use of force can infringe upon the rights of others and lead to legal consequences. Moreover, the legal frameworks governing self-defense can vary by jurisdiction, complicating the application of international norms. The challenge lies in ensuring that self-defense actions do not undermine the very human rights protections that international law seeks to uphold. Consequently, there is ongoing discourse in legal and human rights circles about the need for clear guidelines that respect individual self-defense while safeguarding the rights of others and maintaining public order. Ultimately, the interplay between human rights and personal self-defense highlights the delicate balance between individual agency in the face of threats and the broader commitment to uphold universal rights, emphasizing the necessity for comprehensive legal frameworks that accommodate both perspectives in the quest for justice and security.