基本説明
This book brings together perspectives from different legal fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law.
Full Description
The present book brings together perspectives from different disciplinary fields to examine the significant legal, moral and political issues which arise in relation to the use of lethal force in both domestic and international law. These issues have particular salience in the counter terrorism context following 9/11 (which brought with it the spectre of shooting down hijacked airplanes) and the use of force in Operation Kratos that led to the tragic shooting of Jean Charles de Menezes. Concerns about the use of excessive force, however, are not confined to the terrorist situation. The essays in this collection examine how the state sanctions the use of lethal force in varied ways: through the doctrines of public and private self-defence and the development of legislation and case law that excuses or justifies the use of lethal force in the course of executing an arrest, preventing crime or disorder or protecting private property. An important theme is how the domestic and international legal orders intersect and continually influence one another. While legal approaches to the use of lethal force share common features, the context within which force is deployed varies greatly. Key issues explored in this volume are the extent to which domestic and international law authorise pre-emptive use of force, and how necessity and reasonableness are legally constructed in this context.
Contents
PART I: THEORETICAL AND ETHICAL PERSPECTIVES
Chapter 1
The Rule of Law, Legal Positivism and States of Emergency
Tom Campbell
Chapter 2
Civil Emergencies and the Claims of Innocence
John Kleinig and Tziporah Kasachkoff
Chapter 3
The Right to Life Between Absolute and Proportional Protection
Kai Möller
Chapter 4
Can States Commit Crimes?
Andrew Vincent
Chapter 5
Law, Death and Denial in the 'Global War on Terror'
Russell Hogg
PART II: LEGAL FRAMEWORKS FOR SHOOTING TO KILL
Chapter 6
Sooting to Kill Innocents: Necessity, Self-Defence and Duress in the Commonwealth Criminal Code
Ian Leader-Elliott
Chapter 7
Regulating Reasonable Force: Policing in the Shadows of the Law
Simon Bronitt and Miriam Gani
Chapter 8
When Shooting to Kill is Authorised by the State: A Feminist Analysis
Kylie Weston-Scheuber
Chapter 9
Fundamental Rights and Fundamental Difference: Comparing the Right to Human Dignity and Criminal Liability in
Germany and Australia
Saskia Hufnagel
Part III Shooting to Kill in Context: Case Studies
Chapter 10
The Fatal Police Shooting of Jean Charles de Menezes: Is Anyone Responsible?
Ian Gordon and Seumas Miller
Chapter 11
The Use of Lethal Force in Counter-Piracy Operations off Somalia
Douglas Guilfoyle and Andrew Murdoch
Chapter 12
Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009
Mary Ellen O'Connell
Chapter 13
Corporations that Kill: Prosecuting Blackwater
David Kinley and Odette Murray
