(By Aryavart International University, India)
Dr. Iman Naji Al-Azzawi
Vol. 18, No. 1, Special Issue 2024
Abstract:
The rules of international law have recognized the right of States to self-defense, and this right has been stipulated in Article 51 of the Charter of the United Nations, which indicates that nothing in the provisions of the Charter contradicts the right of States, individually or collectively, to use their right to self-defense if an armed force attacks a member of the United Nations, until the Security Council takes the necessary measures to maintain international peace and security. The Zionist entity justified its aggression against Gaza (which has continued since October 7 until now) by saying that it is exercising its right to legitimate defense. However, the use of this right by states must be in accordance with the conditions set out by the same rules of international law contained in Article 51 of the Charter of the United Nations, which gave the state subjected to external aggression to use its right to self-defense as a legitimate right to preserve its existence as a natural right Whether individually or collectively, until the Security Council has taken the necessary measures for the maintenance of international peace and security and provided that the Security Council is promptly informed of the measures taken by any Member who exercises this right, and such measures shall in no way affect the powers and responsibilities of the Council in accordance with the Charter to take at any time such actions as it deems necessary for the maintenance and restoration of international peace and security. As an exception to the general rule on which the Charter is based not to use force in international relations, the conditions that should be met in this article are: First: the occurrence of armed aggression against the territory of the State, Second: The aggression is immediate and direct, Third: The armed aggression is against the fundamental rights of the State, Fourth: The act of legitimate defense does not exceed the limits necessary to push the aggression. Fifth: Inform the Security Council of the measures taken, which will become clear through the research that they are not available in the Zionist aggression on Gaza, as the crimes committed are crimes of genocide against the Palestinian people, which is proven by the events witnessed by the whole world.