Self-defence rights

After reviewing similar cases in other states, the court ruled that so far as the act of 1837 seeks to suppress the practice of carrying certain weapons secretly, that it is valid, inasmuch as it does not deprive the citizen of his natural right of self-defence, or of his constitutional right to keep and bear arms. But that so much of it, as contains a prohibition against bearing arms openly is in conflict with the Constitution, and void. . . ... 

This does not mean, however, that any beUigerent occupation is necessarily unlawful, because neither of the norms is absolute. An occupation created through an act of self-defence would not, in itself, be a breach of the prohibition on the use of force. Nor would it, in itself, be a violation of the right to self-determination. Thus, an occupation created in self-defence would not be inherently unlawful. However, it has been suggested that an occupation may become unlawful if the occupant refuses to negotiate a withdrawal, or acts in a manner which undermines the temporary character of the occupation. ... 

Rules Of Engagement Handbook 2009, para 8. ( International law and the domestic laws of all nations recognise a right of self-defence, which is the use of force to defend against attack or imminent attack. Self-defence is available in all situations, including armed conflict. National laws differ on the definition and content of the tight of self-defence. ) (emphasis added in bold type). 

Greenwood 1989, p. 275. See also Gardam 2004, p. 168 ( The requirements of proportionality in the exercise of self-defence also regulate the choice and methods of warfare and targets that are available to States in the exercise of this right ). 

Katz Y, Hendel Y (2012) Israel vs. Iran the shadow war. Potomac Books, Washington DC Keegan J (1993) The history of warfare. Wntage Books, New York Klaidman D (2012) Kill or capture. Houghton Mifflin Harcourt, New York Kraska J (2011) Maritime power and the law of the sea. Oxford University Press, Oxford Kretzmer D (2013) The inherent right to self- defence and proportionality in jus ad bellum. Eur J Int Law 24 235-282... 

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