Journal article
The Legal Philosophy of Internationally Assisted Tyrannicide
Australian Journal of Legal Philosophy, Vol.34, pp.151-192
2009
Abstract
The international community has long been affected by the political, philosophical and ethical issues surrounding the practice of tyrannicide, defined as the targeted killing of a tyrant. However, there exists no specific international legal instrument that concerns the practice of tyrannicide, rendering the legitimacy of the practice ambiguous. This paper aims to investigate the issue of tyrannicide and offers a number of speculative arguments concerning its legal-philosophical status. It finds that there are essentially two arms of international legal jurisprudence that may regulate the practice of tyrannicide. The first is largely prohibitive and is based on the derived legal arguments against assassination involving the element ofperfidy, relevant extradition law, provisions in the Hague, Geneva and New York Conventions, and the prohibition on the use of force in the UN Charter. The second position, though far more radical and speculative, is more permissive regarding the moral legitimacy of tyrannicide. This position is based on arguments from the classical international theorists Gentili, Grotius and Vattel (all ofwhom justified the practice oftyrannicide), contemporary human rights standards, the principle of humanitarian intervention, the duty to protect, and legal category of hostis hutnani generis ('common enemies ofmankind'). It is argued that though the vast majority of international legal principles are indicative ofthe illegality oftyrannicide, that the practice may nevertheless be philosophically legitimated under humanitarian principles.
Details
- Title
- The Legal Philosophy of Internationally Assisted Tyrannicide
- Authors
- Shannon Brincat (Author) - University of Queensland
- Publication details
- Australian Journal of Legal Philosophy, Vol.34, pp.151-192
- Publisher
- Australian Society of Legal Philosophy
- Date published
- 2009
- ISSN
- 1440-4982; 1440-4982
- Organisation Unit
- Indigenous and Transcultural Research Centre; Tropical Forests and People Research Centre; School of Social Sciences - Legacy; University of the Sunshine Coast, Queensland; Forest Research Institute; School of Law and Society; Sustainability Research Cluster
- Language
- English
- Record Identifier
- 99451473702621
- Output Type
- Journal article
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