LEGITIMATE DEFENSE AND THE MILITARY RULES OF ENGAGEMENT OFTHE ARMED FORCES

Abstract

In a practical sense, we can say that legitimate defense is at the foundation of any military action or inaction, it is at the same time the legal basis for any decision made by military decision-makers. Of no lesser importance are thoseregarding the general public, society as a whole, given the situation in the current international context, when the right to free movement is already established, therefore any person may be directly or indirectly confrontedwith a limit-situation in which, one’s instinct of self-preservationwould require and result in an attitude of legitimate defense, when one’s own life is endangered, as is the case more and more often nowadays.For these reasons, the obligation to ensure public security, order and the safety of citizens through a solid cooperation in the civilian-military relationship has become a matter of major general concern, enshrined by the entire legislation applicable to the field.Given these new features of the concept of legitimate defense, we will try, in this article, by using the comparison method, in addition to the general opinions expressed by the quoted authors, by the doctrinarians of the studies carried out, to include in its content elements of justification of a military nature,for the simple reason that this article is aimed at an audience segment thatbelongs both to civil society and to the military, with an emphasis on the latter, who are increasingly confronted with this concept of use of force.