The rogue civil airliner and international human rights law : an argument for a proportionality of effects analysis within the right to life
Robin F. Holman
Host item entries:
Canadian yearbook of international law = Annuaire canadien de droit international, Vol. 48, 2010, p. 39-96 : tabl.
Existing theoretical approaches to international human rights law governing the state's duty to respect and ensure the right not to be arbitrarily deprived of life fail to provide a satisfactory analytical framework within which to consider the problem of a rogue civil airliner - a passenger-carrying civil aircraft under the effective control of one or more individuals who intend to use the aircraft itself as a weapon against persons or property on the surface. A more satisfactory approach is provided by the addition of a norm of proportionality of effects that is analogous to those that have been developed within the frameworks of international humanitarian law, moral philosophy, and modern constitutional rights law. This additional norm would apply only where there is an irreconcilable conflict between the state's duties in respect of the right to life such that all of the courses of action available will result in innocent persons being deprived of life