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- Title
RATIONALIZING THE RIGHT OF SOLDIER SELF-DEFENSE AND ITS LIMITS IN INTERNATIONAL LAW.
- Authors
KAR MUN CHAN
- Abstract
The article comments on the rights of soldiers to defend themselves under the rules of engagement and other military doctrines and the extent to which it may be limited in the interests of operational necessity. Topics include a discussion of the proposition that the doctrinal basis of soldier self-defense lies in customary international law and not state self-defense under Article 51 of the United Nations Charter, and the implications for soldiers of strict constructions of Article 51.
- Subjects
SELF-defense (International law); LEGAL status of military personnel; MILITARY policy; MILITARY doctrine; UNITED Nations. Charter; CUSTOMARY international law
- Publication
New York University Journal of International Law & Politics, 2022, Vol 54, Issue 3, p1065
- ISSN
0028-7873
- Publication type
Article