الحرب الاستباقية بين الدفاع الشرعي والاعتداء على سيادة الدول

الملخص EN

This research aims to address the legal status of pre-emptive war in light of the provisions of international law.

Is the legal status of pre-emptive war compatible with the right of legitimate defense stipulated in Article 51 of the UN Charter? Or does it conflict with it? The idea of pre-emptive war is one of the new issues pursued by the United States of America after the events of September 11, 2001, and it constitutes an expanded interpretation of the text of Article 51 of the UN Charter.

This research falls into four sections, the first of which deals with the concept of pre-emptive war; the second topic presents the legality of pre-emptive war in international law; the third section deals with modern applications of pre-emptive war; and the last topic shows legitimate defense in the light of the rules of public international law.

The study concludes that the United States of America has broadly interpreted Article 51 of the UN Charter in a way inconsistent with the right of legitimate defense, and that what it has done under the name of pre-emptive war is in fact not a pre-emptive war, but rather a preventive war.