Abstract
This article explores the doctrine of self-defence within the context of the
challenges directed at the imminence requirement, from the perspective of both
national and international law. The article will attempt to illustrate that the
requirement of imminence underlines the political character of the self-defence
doctrine wherein private force may only be resorted to in the absence of
institutional protection. This study will argue that the imminence rule can not
merely be regarded as a "proxy" for establishing necessity; rather, the elements
of imminence, necessity, and proportionality are inextricably connected to
ensure that defensive force is only resorted to when national or international
authorities are not in a position to prevent an illegal aggression, and that the
defensive lethal force is not abused.
Original language | English |
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Pages (from-to) | 1-49 |
Number of pages | 49 |
Journal | Indiana International and Comparative Law Review |
Volume | 19 |
Publication status | Published - Feb 2009 |