The Right to Self-Defence in National and International Law: The Role of the Imminence Requirement

Onder Bakircioglu

Research output: Contribution to journalArticlepeer-review

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 languageEnglish
Pages (from-to)1-49
Number of pages49
JournalIndiana International and Comparative Law Review
Volume19
Publication statusPublished - Feb 2009

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