Analysis of Self Defense in the Statute of the Permanent International Criminal Court


In the Statute of the permanent International Criminal Court in 1998 (Article 31(1) (c)), the possibility of appeal to acquittal defense including self-defense in relation to international crimes has been predicted. Relying upon library and analytical - descriptive method and with the aim of the analysis of the rules and issues related to self-defense within the statute of international criminal court, 1998, and to provide logical comments to eliminate or reduce the ambiguities in its provisions, this article concludes that the best justification for the philosophical basis of self-defense is the theory of right to self-defense considering that the circumstances of self-defense in the Statute have not been accepted clearly. With regard to the license extracted from Article 21, this objection to self-defense could be solved by reference to the general principles stipulated in national law and other legal systems of the world