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Defending HumanityWhen Force is Justified and Why$
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George Fletcher and Jens Ohlin

Print publication date: 2013

Print ISBN-13: 9780199757213

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199757213.001.0001

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A Theory of Legitimate Defense

A Theory of Legitimate Defense

(p.63) 3 A Theory of Legitimate Defense
Defending Humanity

George P. Fletcher

Jens David Ohlin

Oxford University Press

This chapter focuses on Article 51 of the UN Charter concerning self-defense and examines the concept of legitimate defense. It discusses the concept legitimate defense as an extensive interpretation of self-defense in the Charter. In addition, it looks into the distinction of understanding and interpretation of various nations of self-defense and the problems that it carries. The chapter also investigates on whether nations have the inherent or natural right to defend not only themselves but other states that are subject or aggression. It cites Operation Desert Storm by the Bush administration as an example.

Keywords:   UN Charter Article 51, self-defense, legitimate defense, Bush administration, Operation Desert Storm, George H.W. Bush

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