Limits of the Right of Self-Defense of Individuals in International Criminal Law
Author(s) -
Paweł Mielniczek
Publication year - 2017
Publication title -
polish review of international and european law
Language(s) - English
Resource type - Journals
eISSN - 2544-7432
pISSN - 2299-2170
DOI - 10.21697/priel.2014.3.3.03
Subject(s) - self defense , criminal law , law , political science , criminology , psychology
The purpose of this article is to delineate the limits and the detailed content of the right of self-defence of individuals in international criminal law. Since there is no formal limitation of the right of self-defence as regards certain crimes1, determining whether this right is applicable in certain particular situations requires an analysis of its rules of application, such as reasonability, imminence and proportionality. The article uses a twostep method. Firstly, it attempts to clearly define the situations which fall under the discussed right of self-defence. Secondly, it confronts the rules governing the right of self-defence with the arguments which give rise to the greatest difficulties.
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