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AN APPRAISAL OF THE PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW

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Abstract

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CHAPTER ONE

 

INTRODUCTION

 

In all circumstances where the question of human rights is discussed, there is always a clear disagreement as to its actual meaning. The only measure of agreement, however, lies in the understanding of those rights which are recognized and protected by a particular legal system. In this regard, it has also become apparent that there are other rights some prefer to call the privileges which are not recognized and protected. It is this approach that has led to the distinction between fundamental human rights on the one hand, directive principles of state policy on the other. The one is guaranteed by the constitution and enforceable while the other is essentially non-justifiable and unenforceable. Freedom of expression as fundamental human right goes to the root of human civilization and enlightenment. This has been affirmed universally that, every person has the right to seek, receive and impact information without interference.

Today, virtually every social covenant

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acknowledges the fundamental nature of this right and asserts the right to freedom of speech. It is well known that even state with the most widely political, economics, and social policies find it necessary to recognize the right.

The fact that the rights of expression can neither be trampled upon nor truncated

 

 

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See Article 19 of the Universal Declaration of Human Rights.

 

 

 either by persons or authorities shows that it is so fundamental to existence. As an author put it, whoever must over throw the liberty of a nation just begin by subduing the freeness of speech

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Constitutionally, section 36 of the 1979 constitution (now section 39 of the (1999 constitution), stated that every citizen has the fundamental of information, ideas, and opinions, including the right to own, establish and operate any school or institution for imparting information, ideas and opinion.

Section 22

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of the constitution clearly out-lines the role the press thus, the radio, television and other agencies of the mass media shall at all time be free to uphold the responsibility and accountability of the government to the people. The role of a responsible press should play in any policy, irrespective of the ideological foundation on which it is based, or the ownership structure of the universal conception that freedom of press and expression are so fundamental that the law tends to obstruct any of the two ideas, cannot be properly so called.