Η εθνική ασφάλεια υπαγορεύει την προληπτική άμυνα;

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Keywords
Προληπτική άμυνα ; Αυτοάμυνα ; Ισραήλ ; Εθνική ασφάλεια ; Αρχή της αναγκαιότητας ; Υπαρξιακή και άμεση απειλήAbstract
Based on the interpretation of Article 51 of the UN Charter by the International Court of
Justice in The Hague, a state is legitimated to use force only if it has already become the
victim of an armed attack. This work attempts to prove that in reality, states are forced to
resort to violent means before a threat degenerates into an act of war. The principle of
necessity plays a decisive role in this case because there are special circumstances in which
waiting for an attack to occur could be tantamount to an act of “suicide”. This takes on
further meaning if we consider that states, both in the past and in modern times, have been
called upon to face threats whose intensity and seriousness exceeded the limits of national
security and were directed against the very survival of the state. This type of danger is
referred to in international literature by the term “existential threat”. State practice, when
dealing with such threats, led to the crystallization of a controversial defense doctrine, that
of anticipatory self-defense. One of the main exponents of this doctrine was Israel, which
from the first years of its establishment realized the inseparable relationship between
anticipatory and "offensive" defense and national security. Analyzing the "classic"
historical example of the Six-Day War, this thesis aims to prove that anticipatory self
defense is indeed dictated by national security and consequently the claims of Israeli
officials are neither devoid of factual basis nor legal foundation.


