Research and Writing: Khwaja Kabir Ahmed
The political, social and legal systems of the world may be different, but there is one principle on which almost all civilizations and states seem to agree that a person has the right to defend his life, property and honor. It is commonly called the “Right of Self-Defense”, and it is a fundamental and indispensable provision of modern legal systems.
If we look at the legal structure of the Western world, the constitutional and criminal law of the United States clearly recognizes this right. Laws like “Stand Your Ground” and “Castle Doctrine” in various states allow a person to defend himself through the use of force if his life is in immediate danger in his home or in certain situations. However, this authority is always kept within the limits of “necessity and proportionality”.
In Britain, the right to self-defense is also part of the “Common Law”. Here, the law makes it clear that a person can use reasonable force if he reasonably believes that he is in immediate danger. However, the courts also look at whether the force used was proportionate to the situation. That is, British law does not judge by emotion but by the standard of a “reasonable person”.
German criminal law also defines this right very clearly. Under the German Criminal Code, if a person faces an unlawful attack, he can take such action in self-defense as is necessary to immediately eliminate the threat. Similarly, French law also recognizes the principle of “legitimate defense”, but there too the use of excessive force is considered punishable.
This principle is also present in the laws of Muslim-majority countries such as Pakistan and other South Asian states. Under the Pakistan Penal Code, everyone has the right to take reasonable defensive action in the event of an immediate threat to his own life or property or that of another. Here too, the basic condition is that the defense does not exceed what is necessary.
If we look at the global human rights framework, the UN Charter and international legal principles also recognize that the state has the responsibility to protect its citizens, and when this protection is not immediately available, the individual has a limited right to self-defense.
It is important to understand here that in no civilized legal system in the world is self-defense considered a “license to kill”. This right comes with a responsibility, the most important condition of which is “proportionality”. That is, the response should be equal to the threat, not more.
The result is that whether it is the United States or the United Kingdom, Germany or France, or the countries of South Asia, all legal systems agree on a basic principle that a person has the right to protect himself. The only difference is that each country has defined the limits and regulations of this right according to its social and judicial structure.
It can be said that the right to self-defense is a common principle of both human nature and international law, which is connected to the fundamental concept of human survival and justice.
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