Chapter 5: The Relationship between the Two Conceptions of Self-Defence

2017 ◽  
pp. 139-180
Keyword(s):  
The Relationship ◽  
Self Defence

Military Targeting in the Context of Self-Defence Actions

2015 ◽  
Vol 84 (1) ◽  
pp. 3-28 ◽  
Author(s):  
James A. Green ◽  
Christopher P.M. Waters
Keyword(s):  
Target Selection ◽  
Jus In Bello ◽  
Customary International Law ◽  
Jus Ad Bellum ◽  
Conceptual Clarity ◽  
Starting Point ◽  
Definition Of ◽  
The Relationship ◽  
Self Defence ◽  
Selection Of

For self-defence actions to be lawful, they must be directed at military targets. The absolute prohibition on non-military targeting under the jus in bello is well known, but the jus ad bellum also limits the target selection of states conducting defensive operations. Restrictions on targeting form a key aspect of the customary international law criteria of necessity and proportionality. In most situations, the jus in bello will be the starting point for the definition of a military targeting rule. Yet it has been argued that there may be circumstances when the jus ad bellum and the jus in bello do not temporally or substantively overlap in situations of self-defence. In order to address any possible gaps in civilian protection, and to bring conceptual clarity to one particular dimension of the relationship between the two regimes, this article explores the independent sources of a military targeting rule. The aim is not to displace the jus in bello as the ‘lead’ regime on how targeting decisions must be made, or to undermine the traditional separation between the two ‘war law’ regimes. Rather, conceptual light is shed on a sometimes assumed but generally neglected dimension of the jus ad bellum’s necessity and proportionality criteria that may, in limited circumstances, have significance for our understanding of human protection during war.

scholarly journals Inverse association between coffee drinking and serum uric acid concentrations in middle-aged Japanese males

1999 ◽  
Vol 82 (2) ◽  
pp. 125-130 ◽  
Author(s):  
C. Kiyohara ◽  
S. Kono ◽  
S. Honjo ◽  
I. Todoroki ◽  
Y. Sakurai ◽  
...  
Keyword(s):  
Uric Acid ◽  
Serum Uric Acid ◽  
Green Tea ◽  
Acid Concentration ◽  
Coffee Consumption ◽  
Uric Acid Concentration ◽  
Coffee Drinking ◽  
Serum Uric Acid Concentration ◽  
The Relationship ◽  
Self Defence

Consumption of caffeine-rich beverages, which have diuretic properties, may decrease serum uric acid concentrations. We examined cross-sectionally the relationship of coffee and green tea consumption to serum uric acid concentrations in 2240 male self-defence officials who received a pre-retirement health examination at four hospitals of the Self-Defence Forces between 1993 and 1994. The mean levels of coffee and green tea consumption were 2·3 and 3·1 cups/d respectively. There was a clear inverse relationship between coffee consumption and serum uric acid concentration. When adjusted for hospital only, those consuming less than one cup of coffee daily had a mean serum uric acid concentration of 60 mg/l, while that of those drinking five or more cups of coffee daily was 56 mg/l (P < 0·0001). No such relationship was observed for green tea, another major dietary source of caffeine in Japan. The relationship between coffee consumption and serum uric acid concentration was independent of age, rank in the Self-Defence Forces, BMI, systolic blood pressure, serum creatinine, serum total cholesterol and serum HDL-cholesterol concentrations, smoking status, alcohol use, beer consumption and intake of dairy products. These findings suggest that coffee drinking may be associated with lower concentrations of serum uric acid, and further studies are needed to confirm the association.

scholarly journals VIOLENT ACTS AGAINST HEALTHCARE INSTITUTIONS AND WORKERS IN HUNGARY

2021 ◽  
pp. 49-71
Author(s):  
GABRIELLA RÁCZKEVY-DEÁK
Keyword(s):  
Healthcare Workers ◽  
Quantitative Research ◽  
Health Workers ◽  
Verbal Abuse ◽  
Cross Sectional ◽  
Violent Acts ◽  
The Relationship ◽  
Simulation Practice ◽  
Self Defence ◽  
Communication Simulation

Povzetek Namen te presečne kvantitativne raziskave je ugotoviti, katera oblika nasilja je v madžarskih zdravstvenih ustanovah najpogostejša. Z njo želimo oceniti, ali se v teh ustanovah izvaja usposabljanje za komunikacijo, simulacijo in samoobrambo. Cilj je ugotoviti, ali bi se zaposleni udeležili takega usposabljanja, ter oceniti povezanost med usposobljenostjo (komunikacija, simulacija, samoobramba) in stopnjo samozavesti. Žrtve večine nasilnih dejanj pacientov so zdravstveni delavci. Najpogostejša oblika agresije pacientov in njihovih svojcev je verbalna agresija, vključno z zbadanjem, verbalno zlorabo in grožnjami z zlorabo. Podatki kažejo, da zgolj usposabljanje v komunikaciji ni dovolj za dvig samozavesti pri zdravstvenih delavcih. Treba jim je zagotoviti orodje, kot so na primer praktične vaje po usposabljanju iz samoobrambe ali simulacija, saj to olajša komunikacijo zaposlenega. Ključne besede Agresija, zdravstvo, preventiva, usposabljanje, samoobramba, samozavest. Abstract The present cross-sectional quantitative research aims to gain a sense of which form of violence is the most common in Hungarian healthcare institutions. It aims to assess whether communication, simulation, and self-defence training is provided in institutions, to find out whether workers would participate in such training, and to assess the relationship between training (communication, simulation, self-defence) and confidence. Healthcare workers are affected by most acts of violence coming from patients. The most common type of aggression on the part of patients and relatives is verbal aggression, including teasing, verbal abuse, and threats of abuse. The data show that communication training alone is not enough to make health workers confident. They should have a tool in their hands, e.g., practice after self-defence education, simulation practice, as this makes it easier for the employee to communicate. Key words Aggression, healthcare, prevention, training, self-defence, confidence.

The Relationship between Jus Ad Bellum and Jus In Bello

2016 ◽  
Author(s):  
Okimoto Keichiro
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Expert Opinions ◽  
Legal Implications ◽  
Law Of Armed Conflict ◽  
The Relationship ◽  
Self Defence

This chapter discusses the relationship between jus ad bellum (international law regulating the resort to force) and jus in bello (law of armed conflict). It examines state practice, international decisions, and expert opinions to determine how the relationship has been addressed in practice. The chapter considers the question of whether jus in bello applies equally to the unlawful and lawful parties to an armed conflict before turning to the legal implications of the cumulative requirements of the law of self-defence and international humanitarian law (IHL) imposed on a use of force in self-defence. Finally, it considers the legal implications of the concurrent application of Chapter VII of the UN Charter and IHL with respect to use authorized under Chapter VII.

Fragmenting Mexican cartels will focus on mining

2015 ◽  
Keyword(s):  
General Pattern ◽  
Organised Crime ◽  
Annual Production ◽  
Mining Company ◽  
Content Type ◽  
Mining Companies ◽  
Drug Traffickers ◽  
The Impact ◽  
The Relationship ◽  
Self Defence

Subject The impact of organised crime on the mining sector. Significance Canada-based McEwen Mining said on May 11 that it was on track to meet annual production targets despite last month's theft of 900 kilos of gold concentrate from its El Gallo mine in Mexico. On April 6, eight heavily armed robbers burst into the mine in Sinaloa state and walked away with concentrate containing gold worth 8.5 million dollars -- equivalent to two-fifths of the mine's quarterly production. Suspicion inevitably fell on the local Sinaloa cartel. Company CEO Rob McEwen seemed to acknowledge that up to that point the mining company had cooperated with the cartel, putting the question of the relationship between mining companies and drug traffickers back on the table. Impacts Greater fragmentation of Mexican cartels will lead to increasing criminal targeting of mining businesses. Following the general pattern of insecurity, companies operating in Michoacan and Guerrero are most at risk. The April heist at the El Gallo mine suggests that more independent gangs are also now operating in Sinaloa. Mining company experiments with supporting self-defence organisations seem to have failed.

Narratives of Justice and War in Croatia

2020 ◽  
pp. 445-461
Author(s):  
Ivor Sokolić
Keyword(s):  
Human Rights ◽  
Focus Groups ◽  
Transitional Justice ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Former Yugoslavia ◽  
War Narrative ◽  
Human Rights Norms ◽  
The Relationship ◽  
Self Defence

This chapter examines the relationship between war and justice narratives in Croatia, based on focus groups, dyads, and interviews conducted in 2014 and 2015. The war narrative is based on a pervasive conception of self-defence against a larger Serbian aggressor. It contrasts with a justice narrative that is focused on the norms of transitional justice and the expressivist effects of trials. The two narratives exist in the same space and interact with each other. This chapter outlines these narratives and analyses their reproduction. It argues that the emotional war narrative’s strength makes it difficult for the justice narrative to take hold and, consequently, for the trickle-down expressivist effects of the International Criminal Tribunal for the former Yugoslavia (ICTY) and human rights norms to occur. This tolerance for deviance was based on notions of legality that were defined differently in relation to Croats and Serbs.

Technological Self-Help and Equality in Cyberspace

2011 ◽  
Vol 56 (1) ◽  
pp. 39-75
Author(s):  
Jennifer A. Chandler
Keyword(s):  
New Technologies ◽  
Policy Issue ◽  
Legal Rights ◽  
Legal Limits ◽  
Self Help ◽  
Peer To Peer Networks ◽  
Explicit Consideration ◽  
The Law ◽  
The Relationship ◽  
Self Defence

New technologies challenge the law in many ways, for example, they extend one’s capacity to harm others and to defend oneself from harm by others. These changes require the law to decide whether we have legal rights to be free from those harms, and whether we may react against those harms extrajudicially through some form of self-help (e.g., self-defence or defence of third parties) or whether we must resort to legal mechanisms alone. These questions have been challenging to answer in the cyberspace context, where new interests and new harms have emerged. The legal limits on permissible self-defence have historically been a function of necessity and proportionality to the threat. However, this article argues that case law and historical commentary reveal that equality between individuals is also an important policy issue underlying the limits on self-defence. The use of technologies in self-defence brings the question of equality to the fore since technologies may sometimes neutralize an inequality in strength between an attacker and a defender. A legal approach that limits resort to technological tools in self-defence would ratify and preserve that inequality. However, the relationship between technology and human equality is complex, and this article proposes an analytical structure for understanding it. The objective is to understand which technologies promote equality while imposing the least social costs when used in self-defence. The article proposes principles (including explicit consideration of the effects on equality) for setting limits on technological self-help, and illustrates their use by applying them to several forms of cyberspace counter-strikes against hackers, phishers, spammers, and peer-to-peer networks.

Self-Defence, Necessity and Duress: Understanding the Relationship

1998 ◽  
Vol 11 (1) ◽  
pp. 143-165 ◽  
Author(s):  
Jeremy Horder
Keyword(s):  
Common Law ◽  
Moral Imperative ◽  
Lethal Force ◽  
Unjust Threat ◽  
Personal Sacrifice ◽  
The Relationship ◽  
Self Defence ◽  
What Matters

The distinctions that may be drawn between self-defence, necessity and duress are interesting as a matter of theory, but may also be important in practice. In some jurisdictions, for example, duress and necessity are no defence to murder whereas self-defence is a defence available in principle to all crimes. In such jurisdictions, in homicide cases, the point at which one reaches the boundaries of self-defence and enters upon the terrain of necessity may thus be of crucial significance. Drawing on Suzanne Uniacke’s theory of self-defence, I would like to suggest that each defence can be distinguished by a different key issue. In necessity cases, the key issue is the moral imperative to act: what matters is whether in the circumstances it was morally imperative to act, even if this might involve the commission of wrongdoing, in order to negate or avoid some other evil. In duress cases, the key issue is the personal sacrifice D is being asked to make: should D be expected to make the personal sacrifice involved in refusing to give in to a coercive threat, rather than avoid implementation of the coercive threat by doing wrong? In self-defence cases, the key issue is D’s legal permission to act: where V unjustly represented a threat to D (normally, although not exclusively, through his—V’s—conduct), the question is whether necessary and proportionate steps were taken by D to negate or avoid the threat. For, D has a legal permission to take necessary and proportionate steps to negate or avoid an unjust threat, even if (exceptionally) these involve the use of lethal force. So baldly stated, the differences between the defences may seem obvious. Few common law jurisdictions, and few commentators, however, have appreciated the full significance of the differences, as we shall shortly see.

scholarly journals SAVAVALDŽIAVIMO NUSIKALTIMO IR CIVILINIŲ TEISIŲ SAVIGYNOS SANTYKIS

Teisė ◽  
2015 ◽  
Vol 92 ◽  
pp. 126-136
Author(s):  
Gerardas Višinskis
Keyword(s):  
Civil Rights ◽  
Self Help ◽  
Similarities And Differences ◽  
The Relationship ◽  
Legal Consequences ◽  
Self Defence

Straipsnyje tiriamas savavaldžiavimo nusikaltimo ir civilinių teisių savigynos santykis, jų panašumai ir skirtumai. Analizuojama savigalbos samprata, jos, savigynos ir savavaldžiavimo santykis. Nagrinėjamos savigynos įgyvendinimo sąlygos, jų pažeidimo teisiniai padariniai. The article analyses the relationship between self-willed conduct and self-defence of civil rights as well as similarities and differences of these phenomena. The article also looks into the concept of self-help, its relationship with self-defence and self-willed conduct. Conditions for self-defence and legal consequences of breaches thereof are, moreover, analyzed.

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