Sir Eoin O Fada wrote on Nov 27
th, 2024 at 6:23pm:
(Self-defence) against unlawful attack is not only a basic Right it is also an obligation.
Can this ever be disputed?
[Sir Fada declined to reply to my #128, which I concluded with:
The "right" to self defence?
The problem is how (is this 'right' to be manifested); certainly the 2nd needs to repealed, explained above.
]
So I think we need to go back to basics, to understand the "right to self defence" against "unlawful" attack.
Is the right to self-defence a "basic" right, when we all have basic rights to life and liberty?
I explained why the 2nd needs to be repealed (in #128) in the US, for the sake of a less gun-death-prone US;
so let's see if we can come to a
clearer understanding of "the right to self-defence "against unlawful attack".
I begin by observing the existance of the two
fundamental "rights" to
life and liberty , which are generally accepted without debate, hence "fundamental".
The question is: why does a "right to self defence" against unlawful attack need to be posited at all, if we all have rights to life and liberty.
ie
why would anyone want to mount an "unlawful attack"?...which is why I suggested in an earlier post we need to consider the CAUSES of crime, in any system of law.
......
Implications of the right to self defence
of nations.
FD considers the UNUDHR to be a failure because it doesn't defend everyone's fundamental rights to life and liberty.
But the reason it's a failure, is the
competing interests of individuals (and nations) which are held to be higher than the UNIVERSAL rights set out in the UNUDHR.
Indeed, competing interests is why
national sovereignty, which asserts the right to wage "legal war" (to settle disputes between nations) is held to be higher than international law designed to prevent war between nations.
If we want to create a more propsperous and peaceful world, we must temper the "right to self-defence" with awareness of the CAUSES of crime - to reduce (as far as possible) "unlawful" attacks on individuals by other individuals, and to eliminate "unlawful" war by rule of international law - rather than by an insane system of "legal war" in the age of MAD.
So we see the contradiction in Sir Fada's use of the term "unlawful attack": is there any attack by an individual (or nation) on another individual which could be considered "lawful"?
......
And re CAUSES:
Did the UN have the
legal right to confiscate half of the Palestine Mandate land, to create a new state for Jews, which resulted in a 7 decade long war even up to the current ongoing genocide of innocent women and children (and men), while Israel claims the right to "self defence"?
Who was the party whose right to possess their land was violated by the UN's adoption of UN res 181, initially? i