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Edited Legal Collections Data |
Book Title: Research Handbook on Remote Warfare
Editor(s): Ohlin, David Jens
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781784716981
Section: Chapter 7
Section Title: Drone strikes: a remote form of self-defence?
Author(s): White, Nigel D.; Davies-Bright, Lydia
Number of pages: 33
Abstract/Description:
A Motyxia Sequoiae millipede glows with bioluminescence in order to warn off predators. Should it be faced with an imminent threat, it secretes a toxic mix of cyanide and chemicals in order to stave off a potentially fatal attack. This capacity of the organism to defend itself is arguably one of the most basic and fundamental natural instincts—the desire to live and the ability to survive an external attack will ensure the continuance of the life form. If an organism capitulates in the face of external danger, it will soon be subsumed by others and be but a mere speck in the history of life on this planet. Thus, it could be said that every organism has the right to defend itself from external attack as to deny it the capacity to do so, is to condemn it to death and annihilation. The right of individual persons to defend themselves against an imminent attack is recognised in law. Similarly, a state, as an international legal person, has an ‘inherent’ right to defend itself. As with the Motyxia Sequoiae, a state may passively warn would-be attackers that it is dangerous, for example, by having a well-equipped military. However, in the event of an imminent threat, a state will also launch appropriate counter-measures. This right to self-defence against ‘unjust’ attack was described in 1758 by Emmerich de Vattel as ‘not only the right that every Nation has, but it is a duty, and one of its most sacred duties’.
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URL: http://www.austlii.edu.au/au/journals/ELECD/2017/1276.html