دفاع مشروع فردي در جنايت تجاوز ارضي

Individual Self-Defence and Crime of Aggression

The text of the Rome statute is the first International text that has predicted the possibility of relying on a quitting defences. One of the quitting deffences in the international law is the legitimate self deffence which is determined in the Art. 31-1-© of the I.C.C. statute. Regarding the conditions of this defence in this article such as the possibility of an actual attack, being illegal and need of proportion reaction against the attack, it is deduced the defence in the above mentioned Article is determined as a justification. Now the question is whether it is possible to rely on the a quitting defence against the aggressors in the crime of aggression, the answer to the question is negative because studying the conditions of the criminal aggressor implies that the one who has committed this crime is from top politicians or martial officers of a government who initially and without any need to attack has aggressed the political independency and territorial integrity of the other country, therefore the conditions of legitimate self defence does not adabt the crime of aggression, because the legitimate self defence is a reaction to an illegitimate attack on bodies, properties, freedom etc.lt is whilst the crime of aggression is the illegitimate attack to political independency or territorial intergrity of the other country.