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The Right to Life and Conflicting Interests

Elizabeth Wicks

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.001.0001
Subject:
Law, Human Rights and Immigration, Medical Law

The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to ... More


The Right to Life and Prevention of Crime: Killing by the State as Punishment and/or Deterrence

Elizabeth Wicks

in The Right to Life and Conflicting Interests

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199547395
eISBN:
9780191594373
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199547395.003.0005
Subject:
Law, Human Rights and Immigration, Medical Law

Chapter 5 considers the challenges to the right to life in the context of the prevention of crime, both in terms of the death penalty and the use of lethal force in order to prevent crime. While ... More


Law Enforcement and the Conventional Human Right to Life

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines conventional human rights law, where the right to life is expressed in terms of protection either from ‘arbitrary’ or from ‘intentional’ deprivation of life. Every case of ... More


Defensive Force by Law Enforcement Agents

Jan Arno Hessbruegge

in Human Rights and Personal Self-Defense in International Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

The right to defend oneself and others from unlawful violence justifies state infringements of the most basic human rights. Notably, it marks the sole case where law enforcement agents may ... More


The Principal Practices and Primarily Affected Rights

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0008
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the human rights primarily affected by extraterritorial force against non-state actors. Extraterritorial forcible measures used by states against individuals often include state ... More


Concurrent Applicability of International Humanitarian Law and International Human Rights Law

Noam Lubell

in Extraterritorial Use of Force Against Non-State Actors

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199584840
eISBN:
9780191594540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199584840.003.0010
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines the relationship between human rights law and humanitarian law in the context of extraterritorial force against non-state actors. The concurrent applicability of the two legal ... More


The State Law Standard

Seth W. Stoughton, Jeffrey J. Noble, and Geoffrey P. Alpert

in Evaluating Police Uses of Force

Published in print:
2020
Published Online:
January 2021
ISBN:
9781479814657
eISBN:
9781479830480
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9781479814657.003.0003
Subject:
Law, Criminal Law and Criminology

Nearly all police agencies and the vast majority of officers derive their authority from state law, making state law a relevant and important standard to consider in the evaluation of police uses of ... More


Police Use of Lethal Force

Seumas Miller

in Shooting to Kill: The Ethics of Police and Military Use of Lethal Force

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190626136
eISBN:
9780190626174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190626136.003.0005
Subject:
Philosophy, Moral Philosophy

In this chapter the main conditions under which police use of lethal force is morally justified are elaborated. The first two conditions—self-defense and defense of others—are the same conditions ... More


Targeted Killing in International Law

Nils Melzer

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book is a comprehensive analysis of the lawfulness of state-sponsored targeted killings under international human rights and humanitarian law. It examines treaties, custom, and general ... More


Permissibility of Targeted Killing as a Method of Conducting Hostilities

Nils Melzer

in Targeted Killing in International Law

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199533169
eISBN:
9780191714511
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199533169.003.0014
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter examines as to what extent the resort to targeted killings can be regarded as permissible under each of the conditions and modalities that govern the use of lethal force under the ... More


Morally Permissible Use of Lethal Force: A Taxonomy

Seumas Miller

in Shooting to Kill: The Ethics of Police and Military Use of Lethal Force

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190626136
eISBN:
9780190626174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190626136.003.0002
Subject:
Philosophy, Moral Philosophy

In this chapter a taxonomy is provided of the morally permissible use of lethal force across two main dimensions: (1) individual and joint action (and joint omissions) and (2) negative and positive ... More


Human Rights Standards for Self-Defense between Private Persons

Jan Arno Hessbruegge

in Human Rights and Personal Self-Defense in International Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.003.0006
Subject:
Law, Human Rights and Immigration, Public International Law

International human rights law establishes boundaries on how broadly domestic laws on personal self-defense between private persons may be drawn. States may not prohibit self-defense altogether, but ... More


Police Use of Lethal Force and Suicide Bombers

Seumas Miller

in Shooting to Kill: The Ethics of Police and Military Use of Lethal Force

Published in print:
2016
Published Online:
November 2016
ISBN:
9780190626136
eISBN:
9780190626174
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190626136.003.0006
Subject:
Philosophy, Moral Philosophy

In this chapter the morality of the use of lethal force by police against a suicide bomber in a well-ordered jurisdiction in a liberal democratic state is analyzed. Such operations involve a team of ... More


Personal Self-Defense in Military-Led Operations

Jan Arno Hessbruegge

in Human Rights and Personal Self-Defense in International Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.003.0005
Subject:
Law, Human Rights and Immigration, Public International Law

Although international humanitarian law usually prevails in armed conflict situations, use of lethal force by the military may exceptionally also come to be assessed by the more exacting standards of ... More


Autonomous Weapons and the Ethics of Artificial Intelligence

Peter Asaro

in Ethics of Artificial Intelligence

Published in print:
2020
Published Online:
October 2020
ISBN:
9780190905033
eISBN:
9780190905071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190905033.003.0008
Subject:
Philosophy, Moral Philosophy

As the militaries of technologically advanced nations seek to apply increasingly sophisticated AI and automation to weapons technologies, a host of ethical, legal, social, and political questions ... More


The Right to Life

Brice Dickson

in Human Rights and the United Kingdom Supreme Court

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199697458
eISBN:
9780191752247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199697458.003.0004
Subject:
Law, Human Rights and Immigration

This chapter analyses the engagement of the UK’s top court with three aspects of the right to life: the right not to be killed, the right to be protected against risks to life, and the right to have ... More


Overview of Transitional Justice Options and the United States Role in Transitional Justice

Zachary D. Kaufman

in United States Law and Policy on Transitional Justice: Principles, Politics, and Pragmatics

Published in print:
2016
Published Online:
April 2016
ISBN:
9780190243494
eISBN:
9780190243524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243494.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter provides background and context concerning U.S. policy on transitional justice by presenting the panoply of options for addressing suspected atrocity perpetrators and the U.S. experience ... More


Casualty Sensitivity Breeds High Lethality

Yagil Levy

in Israel's Death Hierarchy: Casualty Aversion in a Militarized Democracy

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814753347
eISBN:
9780814753354
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814753347.003.0006
Subject:
History, Military History

This chapter describes a scenario when the state fails to mitigate the tensions inherent between its duties toward groups on the highest rungs of the death hierarchy, such as middle-class reserve ... More


Human Rights and Personal Self-Defense in International Law

Jan Arno Hessbruegge

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

Although overshadowed by the right to interstate self-defense, the right to personal self-defense also forms part of international law. It is a general principle of law recognized by nations, because ... More


Self-Defense Against the State—Resistance Against Human Rights Violations

Jan Arno Hessbruegge

in Human Rights and Personal Self-Defense in International Law

Published in print:
2017
Published Online:
December 2016
ISBN:
9780190655020
eISBN:
9780190655051
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190655020.003.0007
Subject:
Law, Human Rights and Immigration, Public International Law

In exceptional circumstances, the right to personal self-defense also sharpens the human rights of individuals and peoples, allowing them to forcibly resist certain type of human rights violations ... More


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