Self-Defence against Non-State Actors - Assignment Example

Legal Rights Before and After Arrest Legal Rights Before and After Arrest Introduction According to the most commonly heard definition, a crime is that activity that calls for prosecution under the law books of the land.... However, a deeper analysis proves that this definition is too superficial, and in fact, it is not an easy task to define the boundaries of law....

While there is the ability to act with group or self – defense, the concept of international peace and security remain as important when deciding to use military force against an individual1.... Each of these instances causes one to become a victim of the actions and constitute the right to react with military force against the other state for self defense....

Martin points that the crimes were committed in self-defence.... The jury could convict the defendant if self-defence evidence presented by the defendant raised doubts or the fact that Mr, Martin had used excessive force.... Then this would mean that the jury did not believe the defendants defence of having acted on self-defence.... Martins state of mind was irrelevant to the purpose of self-defence....

cited in Schmitt 521) "as the events of 9/11 tragically demonstrated, domestic or international law enforcement may prove an insufficient tool in effectively defending against non-state actors, such as terrorists" (Schmitt 539).... hellip; The legality of preemptive approach taken up by the United States against states and non-state organisations and the extent to which that stand was acceptable remained to be one of the most pre-eminent questions posed before law makers....

sufficient provocation by the offended party ( R v Smith ); immediate vindication of a grave offence to himself or his relatives (Table 7); Incomplete self-defence where there is no reasonable necessity of the means employed by the culprit (R v Martin); passion or obfuscation (Case 113); disease or injury (Note 17); jealousy, mercy killing, depression, relationship of victim to the accused (Table 7)....

This paper will argue that the principle characteristics of the theory of jus ad bellum and Article 51, although design to control hostilities between states, can be interpreted to permit the use of military force in Self-Defence against Non-State Actors.... Recent developments with respect to terrorism have challenged the scope and range of Article 51 since, terrorists In order to determine whether or not the state has a right to use self-defence against a non-state actor under contemporary international law, the theory of jus ad bellum within the context of the UN Charter, Article 51 will have to examined....

In January 2009, a suit was filed against New Black Panther Party for intimidating a voter on Election Day 2008 in Philadelphia.... White Supremacist World Church of the Creator is a fast-growing America based hate group whose stated goal is "making this an all-white nation and ultimately an all-white world....

For a plaintiff to successfully win a case leveled against the defendant, he must provide enough evidence as stipulated in order for the… It is not obvious that one can easily level a law suit against another person and easily win the case.... he defendant on the other hand is protected by some sections of the law in that several provisions have been included into the law which enables him to argue the case against him.... In other words, an individual accused of committing a certain assault or even murder had a chance to defend himself against the case by proving to the jury that he was provoked by the plaintiff to commit the assault or murder (Norie 2010; p....