La legítima defensa en Derecho Internacional Penal: análisis de sus elementos con particular referencia a los crímenes de guerra

Abstract

The present investigation analyzes the elements of self-defense in International Criminal Law with particular reference to war crimes. In that regard, article 31.1, subsection C, of the Rome Statute is examined to demonstrate that self-defense in relation with crimes against humanity, genocide and aggression protects the person who exercise it and a third person, but in relation with war crimes, its protection also covers, without precedent, property. Nevertheless, this could be contrary to International Humanitarian Law.