Genocide, Murder and the Fundamental Human Right to Defend One's Life

11 Pages Posted: 9 May 2017

Date Written: 2006

Abstract

In a recent survey, several European international law professors deny that there is any human right to self-defense and claim that nations, but not individuals, have this right. This article refutes this view asserting that the right to human life as enunciated in the United Nations Charter has no substance unless it includes the right to preserve life. Indeed, the International Criminal Court and every nation in the world recognizes the right of a victim to use force, including deadly force, to repel homicidal aggression. The argument that the government’s protection substitutes a victim’s right to a gun is fiction since police have no duty to protect endangered individuals, nor do they come close to possessing the resources to protect every potential victim.

Keywords: homicide, self-protection, second amendment, guns, violence, death, murder

JEL Classification: K14

Suggested Citation

Kates, Don B., Genocide, Murder and the Fundamental Human Right to Defend One's Life (2006). Journal of Law, Economics and Policy, Vol. 2, No. 2, 2006, Available at SSRN: https://ssrn.com/abstract=2960737 or http://dx.doi.org/10.2139/ssrn.2960737

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