ضوابط الدفاع الشرعي و تكييف الحرب الوقائية في إطار القانون الدولي

الملخص EN

The self defence concept is one of the most exploited in the international law practice.

The recognition of the theory of legal defence in the charter of United Nations by the famous article 51, establishes in this regard a set of restrictions and conditions.

The new policy adopted in this context and founded on the legal self defence principle is called “preventive war”, which can be confused with the preemptive or precautionary war, and don’t respects the conditions of the self defence theory, especially relating to the occurrence of effective armed aggression, that why this notion is rejected by the majority of governments and scholars, it can lead to destruct all the elements of public international law, however some actors defend the preventive war theory by imposing the self defence right in extensive practices.