حدود الدفاع الشرعي في ظل ميثاق الأمم المتحدة و النظام الأساسي للمحكمة الجنائية الدولية

Abstract EN

The Charter of the United Nations criminalized the use of force as a means of resolving international disputes، and as an exception to that principle was the right of States to self-defence under article 51.

This right was extended to the Rome Statute of the International Criminal Court، which recognized the legitimate defence through article 31 of the Court's statute، but the exercise of this right did not come at all but was restricted by a set of conditions.

Both the Charter of the United Nations and the Statute of the Criminal Court emphasized that the act of aggression against the defence must be armed، immediate and direct، that it should be of great gravity and that it should be in the fundamental interests of the State، and that the will of the State should not interfere in its occurrence and، conversely، that the act of a necessary defence، directed at the source of aggression and used in proportion to the gravity of the aggression.