Chapter 29: Self-Defense: Domestic and International

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17 Terms

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Intention
________: The consensus among Western legal systems is that in order to invoke a sound claim of self- defense, the defender must know about the attack and act with the ________ of repelling it.
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Self-Defense
________ is the anchor that orients the law of war.
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Rome Statute
The ________ says nothing about necessity in defending persons, but as to property the statute is demanding.
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New York Penal Code
The ________ requires that the actor "reasonably believes "the use of force "to be necessary to defend himself or a third person ..
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Necessity
________: Force is never justified unless it is necessary.
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Military aggression
________ is prohibited under international law, but the use of military force in self- defense is permissible under the United Nations Charter Article 51.
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Imminence
________: The requirement of imminence means that the time for defense is now.
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self defense
The positive, or written, law varies from place to place largely in the detail with which ________ is described.
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Rome Statute
The ________, establishing the International Criminal Court as of July 1, 2002, is our guide to international criminal law.
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The German statute, § 32, sums it up in a few words
"A defensive use of force is legitimate when necessary to avert an imminent unlawful attack to oneself or others."
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The New York statute says
NYPL §35.15(1) A person may, subject to the provisions of sub-division two, use physical force upon another person when and to the extent he reasonably believes such to be necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless
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Imminence
The requirement of imminence means that the time for defense is now
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Necessity
Force is never justified unless it is necessary
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Proportionality
Proportionality in self-defense requires a balancing of competing interests, the interests of the defender and those of the aggressor
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Intention
The consensus among Western legal systems is that in order to invoke a sound claim of self-defense, the defender must know about the attack and act with the intention of repelling it
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imminence
The requirement of _____________ means that the time for defense is now! The defender cannot wait any longer.
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Proportionality
______________ in self-defense requires a balancing of competing interests, the interests of the defender and those of the aggressor.