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Robin F. Holman
Existing theoretical aproaches to international human rights law governing the state's duty to respect and ensure the right not tobe 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 againsts persons or property on the surface. A more satisfactory approach is provided by the addition of a norm of proportionality of effects that is analogus 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.
