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6 - Jus ad Bellum, Aggression, and the Right to Life

from Part II - Major Themes

Published online by Cambridge University Press:  02 September 2021

Stuart Casey-Maslen
Affiliation:
University of Pretoria
Christof Heyns
Affiliation:
University of Pretoria
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Summary

One of the most controversial affirmations by the Human Rights Committee in its General Comment 36 on the right to life was that an act of aggression would violate the right to life. This chapter considers the extent to which the Committee’s holding is consistent with the right to life and practicable in the event aggression occurs. In describing the restrictions on inter-State use of force, the author rejects the assertion that application of the rules of jus ad bellum is either beyond the capability of human rights bodies or is inherently politicised.

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Chapter
Information
The Right to Life under International Law
An Interpretative Manual
, pp. 122 - 140
Publisher: Cambridge University Press
Print publication year: 2021

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