Right of Civil Resistance Under International Law and the Domestic Necessity Defense

• NCJ Number: 128533
• Journal: Dickinson Journal of International Law Volume: 8 Issue: 3 Dated: (Spring 1990) Pages: 349-373
• Author(s): M Lippman
• Date Published: 1990
• Length: 25 pages
• Publication Format: Article
• Publication Type: Best Practice/State-of-the-Art Review
• Language: English
• Country: United States of America

Annotation

The international community should recognize a right of nonviolent resistance for those engaged in limited, proportionate actions in defense of fundamental human rights.

Abstract

The recognition of a domestic and international right of civil resistance in defense of human rights is an important step in the creation of a vigorous citizenry. No state has the right to punish those who act in a nonviolent, proportionate fashion to protect the inherent and inalienable rights of any human beings. In an era in which States have disregarded the requirements of international law, it is hypocritical to deny protection to those who are acting in the nature of private attorneys to vindicate human rights. Those who act in a nonviolent proportionate fashion to protect internationally guaranteed human rights must be recognized as heroes who are to be emulated rather than as criminals who are to be confined. 204 notes