The Human Right of Self-Defense

Articles to help you counter hoplophobic arguments.

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The Human Right of Self-Defense

Postby GOSA » Fri, 2008-03-07 07:05

From Peter Moss :

http://papers.ssrn.com/sol3/papers.cfm? ... wnload=yes


The Human Right of Self-Defense
DAVID B. KOPEL Independence Institute JOANNE D. EISEN Independence
Institute PAUL GALLANT Independence Institute BYU Journal of
Public Law, Vol. 22, 2008


Abstract:
Does a woman have a human right to resist rape or murder? Do
people have a human right to resist tyranny? The United Nations
Human Rights Council has said no - that international law
recognizes no human right of self-defense. To the contrary, the
Human Rights Council declares that very severe gun control - more
restrictive than even the laws of New York City - is a human
right.


Surveying international law from its earliest days to the present,
this Article demonstrates that self-defense is a widely-recognized
human right which no government and no international body have the
authority to abrogate. The issue is especially important today, as
many international advocates of international gun prohibition are
using the United Nations to deny and then eliminate the right of
self-defense. For example, the General Assembly is creating an
Arms Trade Treaty which would define arms sales to citizens in the
United States as a human rights violation, because American law
guarantees the right to use lethal force, when no lesser force
will suffice, against a non-homicidal violent felony attack.


The article analyzes in detail the Founders of international law -
the great scholars in the fourteenth through eighteenth centuries
who created the system of international law. The Article then
looks at the major legal systems which have contributed to
international law, such as Greek law, Roman law, Spanish law,
Jewish law, Islamic law, Canon law, and Anglo-American law.


In addition, the article covers the full scope of contemporary
international law sources, including treaties, the United Nations,
constitutions from Afghanistan to Zimbabwe, and much more.


The Article shows that international law - particularly its
restraints on the conduct of warfare - is founded on the personal
right of self-defense.
What have YOU done for YOUR rights today?
GOSA
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