Humanity and wars of self-defence
Humanitaeres voelkerrecht : journal of international law of peace and armed conflict, 2022, Vol. 5, No. 3-4, pp. 125-135
REETZ, Niklas Sebastian, Humanity and wars of self-defence, Humanitaeres voelkerrecht : journal of international law of peace and armed conflict, 2022, Vol. 5, No. 3-4, pp. 125-135 - https://hdl.handle.net/1814/75819
Retrieved from Cadmus, EUI Research Repository
The right to self-defence is commonly perceived to exemplify the state-centred character of the jus ad bellum that leaves little room for concerns of humanity. In contrast to this perception, the present contribution argues that the right to self-defence protects not only statehood and sovereignty, but also self-determination and individual well-being. The normative core of the right to self-defence is therefore not purely state-centred, but also receptive to concerns of humanity. This duality in the protective purpose of the right to self-defence has practical implications for the application of the right and the interpretation of its limitations. In addition, the symmetry between the state and humanity as objects of protection shows that the two are conceptually much closer to each other than is often deemed the case.
Published online: 30 December 2022
Cadmus permanent link: https://hdl.handle.net/1814/75819
Full-text via DOI: 10.35998/huv-2022-0008
ISSN: 2625-719X; 2625-7203
External link: https://www.bwv-verlag.de/huvhumanitaeresvoelkerrecht
Publisher: Berliner Wissenschafts Verlag GmbH
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