GENERAL PROVISIONS FOR THE RIGHT OF LEGITIMATE DEFENSE IN THE LIGHT OF PUBLIC INTERNATIONAL LAW

Abstract

The general provisions of the right of legitimate defense from the perspective of public international law represent one of the major theories regulated by all international instruments, and which international jurisprudence and judiciary have elaborated upon in light of what is required and proportionate with the rules of international legality. The use of the right of legitimate defense by states is considered one of the most important rights they resort to immediately upon the occurrence of an attack against them, as long as such attack or aggression is unlawful—meaning without justification.

The problem in this regard centers on the situation of conflicts currently witnessed by the international community, particularly since some states resort to altering the concept of aggression, and to invoking risks and fears of extensive violations of international peace and security, in a manner that enables them to use their right of legitimate defense under the pretext of relying on international legality.

Therefore, in an analytical framework, we addressed the regulation of the conditions governing this right exercised by states—whether related to the conditions of aggression or to the conditions of defense. Based on this, we concluded that states, as members of the international community, must adhere to the binding international instruments—major powers before smaller ones—in order to reduce the use of this right, in return for preventing the occurrence of any aggression. We thus hope that the hand of the international community and its interest in achieving international peace and security will prevail over any other consideration or interests.