مشروعية الحرب الاستباقية على الإرهاب وفقا للقانون الدولي : الحرب الأمريكية على داعش نموذجا

Abstract EN

This study aimed to identify the legality of the preemptive war on terrorism in accordance with international law, the study dealt with determining the actions carried out by ISIS and the extent to which the conditions of aggression necessary for the establishment of a state of legitimate defense were met, in terms of the aggression being of a military and temporary character, and that the aggression was of a great degree of gravity, and that the aggression included one of the basic rights of the attacked state, And the availability of the defense condition in terms of necessity and proportionality to ward off danger, and this study reached a number of results represented in considering the actions of ISIS as an armed aggression, and constitutes a threat to international peace and security, the United States of America, based on the text of article 51 of the Charter of the United Nations, has the right to conduct military operations against ISIS, and the United States may form an international coalition against ISIS away from the security council, In addition, the oversight of the security council is weak in monitoring the actions of the United States of America against ISIS, and the study recommended the need to activate the Security Council’s oversight of the actions of ISIS, and the international community, members of the United Nations, should show solidarity in order to combat terrorism.