Its Article 2(4) requires member states to refrain "from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." The charter's only specific exceptions to this broad prohibition are when a state acts in "collective or individual self-defense
" (Article 51) or when the Security Council authorizes states to use force in order to "maintain or restore international peace and security" (Article 42).
And he knows that "reliance on a permanent private market for firearms guaranteed most militiamen, through their own efforts, could always obtain firearms suitable for both collective and individual self-defense
, and forestalled tyranny by precluding rogue public officials from monopolizing the production, distribution, and possession of firearms."
The best point of comparison, however, is found in the church's stance on war--its positions on collective self-defense (as opposed to the individual self-defense
that gun violence generally implicates).
(56) If the original meaning of the Second Amendment was to protect individual self-defense
, the manner in which the amendment expresses that protection--by reference to a thing used for self-defense--is an odd way to do it.
National self-defense is individual self-defense
Offered more for illustration than recommendation, the following could serve as a baseline rule of individual self-defense
, which could be built on and adjusted to expand the scope of protective authority consistent with the threat environment and mission-accomplishment considerations: Individual Self-Defense
and Defense of Others--You are authorized to use force, up to and including deadly force, when strictly necessary to defend yourself or members of your unit [or specify others] in the immediate vicinity against a violent act or imminent threat of a violent act likely to cause death or grievous bodily harm.
The Framers believed individual self-defense
was an inalienable natural right." Id.
It is the inherent right of individual self-defense
. The International Committee of the Red Cross, in its Interpretive Guidance on the Notion of Direct Participation in Hostilities specifically excludes individual self-defense
and defense of others against unlawful violence as meeting the threshold for direct participation in hostilities.
One question remains to be addressed: is the concept of unit self-defense simply military jargon for a right of individual self-defense
also recognized by international law?
is 'the central component' of the
In its decision, the Court correctly concluded that "individual self-defense
is 'the central component" of the Second Amendment right" to keep and bear arms.
More important, individual self-defense
is a fundamental right from an American perspective, deeply rooted in the nation's history and tradition.