ضوابط الدفاع المشروع بين الفقه الإسلامي و قواعد القانون الدولي

الملخص EN

Defending states' sovereigntyislegitimate in the face of everyattemptthatwouldviolateit, but itisentrustedwith a set of checks, This is the primary objective of thispaper, since the act of defenseisoftenturnedinto an act of aggression and a violation of international norms of international peace and security international.

It has becomeevident to us throughthis comparative studythat the controls set for legitimatedefense, some of which relate to the act of aggression, some relate to the act of defense, and some of them; The aggression must begross and unlawful, beimmediate and direct, and threaten the essential interests of the state, and the act of defense must becharacterized by the imperative condition and the proportionality condition, sothatitdoes not turninto an act of aggressionthatraises international responsibility and criminal and civil prosecution.