تجاوز حدود الحق في الدفاع الشرعي في إطار القانون الدولي

Abstract EN

The United Nations Charter issued in 1945 specifically granted in the text of Article (51) the right of states to return aggression in self-defense; even this right has been considered as a natural right that the state subject to aggression may not be deprived of or even diminished from, and this right can be It is taken by the state to defend itself on its own or by a group of countries united by a specific objective, and this is called collective legal defense.

If this right was given to the member states of the International Charter, the authors of the text have put a restriction to reduce it, that is not arbitrarily used or exceeded in the range To harm the other state and its people, but must be the principle of proportionality The necessity of a distinction between the act of aggression against the State and the defense in order to repel or limit the attack.

However, if the right of legitimate defense is violated, the right of legitimate defense will be turned into a flagrant aggression against which the responsibility of the existing State will be fulfilled in accordance with the rules of international responsibility.