Political Oppression in the Name of National Security: Authority, Participation, and the Necessity Within Democratic Limits Test

Jordan Paust

Journal: Yale Journal of International Law

Volume: 9

First Page: 178

Year: 1982

Bluebook Citation: 9 YALE J. INT'L L. 178 (1982)

Author: Jordan J. Paust: all 73 publications


Abstract

The myth of domination by violence must be exposed; so must be the myth about the indispensability of the oppression of human rights to political or economic development. Nearly all governments claim to represent the "will of the people."' Indeed, one suspects that few governments could survive without some mythical reference to this ultimate measure of authority. Governments are loath to admit openly that oppression of minorities or majorities is ever justifiable under international law, much less under human rights law. Thus, oppression must have another name, and far too often it appears in the guise "national security" or that more patently incongruous phrase "martial law.'

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