‘We Have To Give Up Business As Usual’: Anti-Nuclear Protests and the Construction of a Defence of ‘Legitimate Civil Resistance'

Jonathan Black-Branch and Dieter Fleck, eds, Nuclear Non-Proliferation in International Law, Volume IV (Hague: T.M.C. Asser Press, 2019) at 71-97

Posted: 8 Feb 2019

See all articles by Amar Khoday

Amar Khoday

University of Manitoba - Faculty of Law

Date Written: January 2019

Abstract

Over many decades, individuals and groups have protested the use of nuclear energy as well as the proliferation and continued possession of nuclear armaments. When faced with criminal prosecution, many have sought acquittals via the necessity defence or through jury nullification. The use of the necessity defence and jury nullification has had some minimal to very modest success in some jurisdictions. Furthermore, there are considerable shortcomings related to these devices. This chapter argues that a new defence should be formulated to provide viable and appropriate protection for those engaged in “legitimate civil resistance” and fleshes out the elements of this new protection.

Keywords: Civil Resistance, Criminal Law, Defences, Human Rights, International Humanitarian Law, Jury Nullification, Necessity, Protests

JEL Classification: K14, K33, K42

Suggested Citation

Khoday, Amar, ‘We Have To Give Up Business As Usual’: Anti-Nuclear Protests and the Construction of a Defence of ‘Legitimate Civil Resistance' (January 2019). Jonathan Black-Branch and Dieter Fleck, eds, Nuclear Non-Proliferation in International Law, Volume IV (Hague: T.M.C. Asser Press, 2019) at 71-97, Available at SSRN: https://ssrn.com/abstract=3323563

Amar Khoday (Contact Author)

University of Manitoba - Faculty of Law ( email )

224 Dysart Rd.
University of Manitoba Faculty of Law
Winnipeg, Manitoba R3T 2N2
Canada

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