Consideraţii în legătură cu legitima apărare în dreptul internaţional
Considerations on the legitimate defence in international law

Summary/Abstract: The legitimate self defence is expressly provided in Article 51 of the Charter of the United Nations, as a derogation from the basic principle that prohibits the use of armed force. As the International Court of Justice stated, the right to legitimate self defence is part of customary international law, but neither the international jurisprudence nor the legal instruments subsequent to the adoption of the Charter expressly establish several forms of legitimate self defence thus leaving room for controversy and debate on the conditions which the victim State must comply with in order for the self defence action to be considered justified and legitimate.The purpose of this paper is to analyze the normative framework on legitimate self defence, its legality requirements, the notion of „preventive self defence” and to address the possible implications of terrorist attacks on changes of the scope of legitimate self defence in International Law.

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