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Chapter Summary

The concept of just or unjust, lawful or unlawful, legitimate or illegitimate war has long been considered in the writings of numerous international writers. The definition of aggression in the Draft is similar to the definition in the resolution on aggression adopted by the General Assembly of the United Nations in 1974. Under Islamic international criminal law aggression may be defined as an action or inaction which directly or indirectly jeopardizes the jurisdictional independence and security of another state by means of ideological conflicts and/or armed invasions. The scope of aggression in Islamic international criminal law is rather broader than that found in the system of international criminal law. Islamic international criminal law permits resorting to war only in certain inevitable situations and therefore recognises it as a defensive action or defensive war.

Keywords: aggression; defensive war; Islamic international criminal law



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