Human right and personal self-defence: national and international

 This article explores the doctrine of self-defence within the context of the

challenges directed at the imminence requirement, from the perspective of both

national and international law. The article will attempt to illustrate that the

requirement of imminence underlines the political character of the self-defence

doctrine wherein private force may only be resorted to in the absence of

institutional protection. This study will argue that the imminence rule can not

merely be regarded as a "proxy" for establishing necessity; rather, the elements

of imminence, necessity, and proportionality are inextricably connected to

ensure that defensive force is only resorted to when national or international

authorities are not in a position to prevent an illegal aggression, and that the

defensive lethal force is not abused

The United Nations and some non-governmental organizations have declared that there is no human
right to self-defense or to the possession of defensive arms. The UN and allied NGOs further declare
that insufficiently restrictive firearms laws are themselves a human rights violation, so all
governments must sharply restrict citizen firearms possession.

This Article investigates the legal status of self-defense by examining a broad variety of sources of
international law. Based on those sources, this paper also talks about the right of self defence
against IS and impact of globalisation on the human security.

The analysis proceeds from the thesis that the right to personal self defence constitutes a general
principle recognized by nations under international law. It is a general principle because it can found
in the natural law concept of the world’s major religious, philosophical, and cultural traditions and is
consequently shared by all the world’s major legal system.

Self-defence: self defence is a basic human right. The right of private defence is absolutely necessary
for the protection of one's life, liberty and property. No doubt, it is the primary duty of the State to
protect life and the property of the individuals, but no State, no matter how large its resources might
be, can depute a policeman to watch the activities of each and every individual and protect them
against the mischievous acts of criminals. There may be situations wherein help from the State
authorities cannot be obtained in order to repel an unlawful aggression, either because there is no
time to ask for such help, or for any other reason. To meet such exigencies the law has given the
right of private defence of body and property to every individual.

Human right: Human rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties,
customary international law , general principles and other sources of international law. International
human rights law lays down obligations of Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and fundamental freedoms of individuals
or groups.