| Self defence is enshrined as a pre-eminent rule in virtually all legal systems. Every legal system has had to deal with the issue of self defence being based on mistake. Almost all legal systems recognize that if mistake is reasonable, if it relates to apprehension or fear of maiming or death, self defence is a viable defence to any criminal charge. In most jurisdictions the reasonableness of self defence has a subjective and objective element. The question is would a reasonable person in the shoes of the "accussed" believe their life is in danger. Strikes me that the tank crew acted reasonably. Reuters is full of crapola in presenting spinning the story in terms of their is no justification for shooting at someone who puts a camera on a tri-pod, unless of course Reuters has evidence that the tank crew knew it was a camera. Otherwise, its more of Reuters acted like an ally of the Pal terrorists. |
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