Department of Theology, Faculty of Literature and Humanities, Central Tehran Azad University, Tehran, Iran.
10.52547/jlr.2023.231788.2501
Abstract
The current study seeks to investigate the scope of the legitimacy of preventive measures. The findings show that in the absence of a global authority, collective wisdom prohibits any resort to force and assigns the task of maintaining world peace and security to the Security Council in order to prevent unilateralism, and the spirit of international rules requires He points out that legitimate defense is only a temporary solution in order to protect the rights of states that are victims of armed aggression and limited to the time when the Security Council takes the necessary measures to restore peace; This is despite the fact that on the basis of jurisprudence, the defense can be considered as the fulfillment of the attacker's intention, which is aggression. The results of this research indicate that the capacities of international law can respond well to dealing with the most severe threats, but mainly establishing the necessity of such measures is beyond the dignity of a government and does not correspond to the framework of the legitimate defense institution. Of course, perhaps in the development of the legitimate defense institution, the possibility of establishing the rule of "urgency" in imminent attacks, which is confirmed by definite evidence, can be taken into consideration; Although it is also accepted by many jurists in Islamic jurisprudence, the legitimacy and permissibility of any preventive measure beyond that is subject to meeting the necessity with the vote of the Security Council and is understood in the form of multilateralism.
Aghamiri, F. (2023). Investigating the legitimacy of preventive and preemptive defense from the perspective of international law and Islam. Legal Research Quarterly, (), -. doi: 10.52547/jlr.2023.231788.2501
MLA
Fatemeh Aghamiri. "Investigating the legitimacy of preventive and preemptive defense from the perspective of international law and Islam". Legal Research Quarterly, , , 2023, -. doi: 10.52547/jlr.2023.231788.2501
HARVARD
Aghamiri, F. (2023). 'Investigating the legitimacy of preventive and preemptive defense from the perspective of international law and Islam', Legal Research Quarterly, (), pp. -. doi: 10.52547/jlr.2023.231788.2501
VANCOUVER
Aghamiri, F. Investigating the legitimacy of preventive and preemptive defense from the perspective of international law and Islam. Legal Research Quarterly, 2023; (): -. doi: 10.52547/jlr.2023.231788.2501
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