Bengs on Self-Defense

"All U.S. jurisdictions recognize individual self-defense as an inherent right belonging to each person. As an inherent right, self-defense is rooted firmly in natural law, as opposed to positive law, which entails a revocable grant from a sovereign. This article contends that prior legal recognition of such an inherent right precludes a sovereign from unilaterally limiting an individual military member’s exercise of or claim to self-defense. The story of U.S. Marine Corps Medal of Honor recipient Sergeant Dakota L. Meyer serves as a vehicle for the argument that the U.S. military is improperly limiting the right of individual self-defense and the closely related doctrine of defense of others. In support of this contention, the scope of individual self-defense guaranteed by the criminal justice systems of the U.S. military and a majority of states is compared with the scope of self-defense permitted for U.S. military personnel operating in a foreign battlespace."

From SELF-DEFENSE UNDER SIEGE: CREEPING CRIMINALIZATION OF INDIVIDUAL SELF-DEFENSE IN THE U.S.MILITARY, by Brian Bengs.