الدفاع الشرعي في القانون الدولي : شروطه، صوره، و الرقابة المفروضة عليه

الملخص EN

Although UN Charter has prohibited the threat and use of force, however it provided for an exception in the case of legitimate defence in the event of an armed attack on one of UN member countries.

Article No.

(51) of Un Charter provides for the following: '' Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security.

This gives the assaulted country the right to use force to eliminate the assault, and this right constitutes a crucial legal principle in both internal and external relations''.

However the same Article imposes a restriction on the exercise of self-defence right: ''Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.”