الدفاع الشرعي في القانون الدولي بين الإمكانية والاستحالة: دراسة تحليلية مع إسقاطات خاصة بالحرب على غزة

Abstract EN

Legal defense is considered one of the ancient topics about which jurists and jurists ask their scholars in order to remove the grievance from every person who is subjected to aggression, so that he can respond to himself in a way that is proportional to the act of aggression, thus transforming that illegal act into a permissible and legitimate act.

the ancient laws and legislations defined legitimate defense, whether by the same name or by different names, but the controls varied in determining the elements that truly achieve legitimate defense.

the student of the law may take in his first concepts the recognized elements of legitimate defense, but he finds when these controls are transferred from jurisprudence the theoretical to the applied reality is a vast gap.

with the difficulty of achieving legitimate defense internally, achieving it internationally is more difficult and difficult, especially when there is a war between two aggressor states in which there is less power.

is it a matter of defense for the attacked state to preserve its strength in proportion to the size of this aggression on the one hand? on the other hand, are the limits of the response such that lead to stopping the attack, or do they go beyond that, especially in light of the absence of a higher authority that extends its control over all of that? we will try, through this research paper, to identify the most important problems that still obstruct legitimate defense in international law and make it an excuse.

to evade many attacks, perhaps what Gaza is witnessing today is the greatest evidence of this.