Right to resist

Memorial to Yugoslav Partisans in Serbia, an "intuitive case of resistance".[1]

The right to resist has been put forward as a human right, although its scope and content are controversial.[2] The right to resist, depending on how it is defined, can take the form of civil disobedience or armed resistance against a tyrannical government or foreign occupation; whether it also extends to non-tyrannical governments is disputed.[3] Although Hersch Lauterpacht, one of the most distinguished jurists, called the right to resist the supreme human right, this right's position in international human rights law is tenuous and rarely discussed. Forty-two countries explicitly recognize a constitutional right to resist, as does the African Charter on Human and Peoples' Rights.

  1. ^ Blunt 2018, 20.
  2. ^ Bielefeldt 2003, p. 1100.
  3. ^ Bielefeldt 2003, pp. 1097, 1100–1101.

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