Posted by David Kopel: Is Resisting Genocide a Human Right? http://volokh.com/archives/archive_2005_06_05-2005_06_11.shtml#1118340178
That's the title of the [1]law review article in progress that Paul Gallant, Joanne D. Eisen, and I have posted as a Working Paper. Conducting an in-depth study of the genocide in Darfur, Sudan, and also discussing other genocides, the article details the inadequacy of many of the international community's response to genocides, including "targeted sanctions" or international peacekeeping forces. Examining international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, the article demonstrates that groups which are being subjected to genocide have a legal right of self-defense. International treaties, Security Council arms embargoes, or national gun control laws cannot lawfully be enforced in a manner which prevents self-defense resistance to a genocide in progress, because under international law, the prohibition against any form of complicity in genocide takes legal precedence over lesser laws. We welcome your comments, which can be sent to the e-mail address at the lower left of my [2]home page. References 1. http://www.davekopel.com/2A/Foreign/genocide.pdf 2. http://www.davekopel.com/ _______________________________________________ Volokh mailing list [email protected] http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
