History:
The term self-defence can indicate :
The fact of an individual defending himself against an aggression, what we call a personal defence or a self-defence.
The term personal defence, or the English term self-defence, indicates all the fighting techniques to face an attack when we are unarmed. We also speak sometimes about close combat. Etymologically the term "self-defence" has the same meaning, but more or less towards an armed defence.
The education of the personal defence is often based on martial arts as the karate and the aikido besides others, with however a difference of attitude. In the martial arts, as all the sports, pay a particular attention on the respect for the opponent, sometimes even called "partner", while in the personal defence, the purpose is to stop the attack before being controlled, hurt or even killing, as fast as possible. It is however necessary to emphasize that at the legal level, the answer must be proportioned to the attack, and that we can be considered in self-defence unless we are attacked first. The personal defence attempts to use at best the environment and to use the objects which fall in our hands: belt, chair, bottle of water …
The self-defense is the legal and immediate authorization to defend itself, including the use of means which would be forbidden in other circumstances. The concept applies as well to the individuals as to the States. In both cases, it develops from the moment the appeal to force is forbidden.
In Civil Law:
All the modern legislations admit that there is neither crime nor offence when the homicide, the wounds or the knocks are ordered by the necessity to defend itself or to protect others. The danger has to seem imminent to the attacked person: so, having knocked out his opponent, it is not possible to kill him. Besides, it has to have proportion between the defence means used and the gravity of the incurred danger.
The main rules:
Although various practices are taught, they answer all the same violence; we can thus draw some main rules.
The first rule is:
Even if you act in the best possible way, there is always a possibility of failure.
Failure, in this case, would mean to be hurt or killed. Starting with this, it is necessary to distinguish two situations: the person involved in self-defence is a civilian, or a professional who’s work involves protecting people (policeman, serviceman, bodyguard, etc.).
The methods of self-defence show disarmament techniques, but the disarmament is not the end. These techniques are necessary if the person is in fact attacked. But the purpose of self-defence is to protect one’s physical integrity:
The only reasonable attitude when faced with an armed aggressor is to obey the aggressor.
Indeed, most of the time, the aggressor shows his weapon to obtain something (money, valuable item, rape), but usually it is only meant to frighten; he does not intend to use his weapon. A person determined to kill would have no need to show his gun; he would put it into use without a demonstration or talk (hidden drawer, sniper, hired killer, organized crime account settlement etc.). Obeying the orders of an aggressor generally results in walking away unharmed.
Running away is preferable in a confrontation.
Even in the case of an unarmed confrontation, there is a risk of dying or being hurt, for example, a blow to the head, a fall, or from an assault with broken glass. It is natural to freeze and stay put and also there are cases when running away is impossible (physically incapacitated, environmental conditions) or when running away is not preferable (for example the person is accompanied by a child who cannot run away effectively). When a confrontation takes place, if the aggressor is not equipped with a firearm, the main parameters to be considered are:
The safety distance: if we manage to maintain a minimal distance, it allows time to react to the blows. Management of distance in a stress situation requires some kind of training
Obtaining help, for example, by shouting: Awareness of the surroundings and not finding oneself cornered with no options of escape - but this is particularly complicated if there are several aggressors (because of the risk of encirclement).
|