Lawful Self-Defense Between Theory and Practice A Scientific Article by the Department Rapporteur, Assistant Lecturer Sakina Talib Khairallah

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Abstract Lawful self-defense is one of the most important grounds of justification in criminal law. It grants individuals the right to repel an unlawful attack directed against themselves or others by using the necessary and proportionate degree of force to prevent danger. This legal system aims to achieve a balance between protecting individual rights on the one hand, and maintaining public order and the rule of law on the other. The importance of lawful self-defense lies in its combination of clear theoretical foundations and practical judicial application, which requires careful assessment of the facts and circumstances of each case. Introduction Criminal law is generally based on the principle of criminalizing acts that violate legally protected rights and interests. However, legislators recognize certain situations in which acts that may appear criminal at first sight become lawful when legal grounds of justification are present. Lawful self-defense is one of the most significant of these grounds, as it serves as a legal means of protecting oneself, one’s property, or others from an unlawful attack, especially when it is not possible to seek immediate assistance from public authorities. Lawful self-defense is not an unlimited permission to use force. Rather, it is a right restricted by legal conditions and controls designed to prevent abuse and ensure that self-defense does not turn into retaliation or unlawful aggression. Concept of Lawful Self-Defense Lawful self-defense refers to the right of a person to use necessary force to repel an ongoing or imminent unlawful attack that threatens a legally protected right. The defensive act must be necessary to prevent the danger and proportionate to the seriousness of the attack and the surrounding circumstances. This concept shows that the law does not require an individual to surrender to an unlawful danger. Instead, it grants the individual the right to protect themselves or others within the limits established by law. Conditions of Lawful Self-Defense For lawful self-defense to exist, several essential conditions must be fulfilled. First, there must be an unlawful attack. Second, the attack must be ongoing or imminent, meaning that the danger has not already ended and is not merely hypothetical. Third, the defensive action must be necessary, meaning that there is no other sufficient means to prevent the danger in time. In addition, there must be proportionality between the defensive act and the existing threat. The defender must not exceed the amount of force necessary to repel the attack. The condition of proportionality is one of the most important requirements in practical application, because it separates lawful self-defense from excessive use of force. Self-Defense in Practical Application The application of self-defense rules raises several challenges before courts, particularly when assessing whether the defensive act was proportionate to the threat faced by the defender. Some acts may appear to be lawful self-defense at first, but may become excessive if they continue after the danger has ended or if the means used are far more severe than necessary. For this reason, courts examine the circumstances of each case individually. They consider the psychological state of the defender, the nature of the attack, the time and place of the incident, and the means used by both the attacker and the defender. Judicial application therefore does not rely only on abstract legal rules, but also on the practical reality and surrounding circumstances at the time of the incident. Importance of Lawful Self-Defense The importance of lawful self-defense lies in providing legal protection to individuals when they face immediate and unlawful dangers. It also ensures that those who use necessary means to defend themselves or others are not punished. Moreover, it contributes to achieving justice by recognizing the individual’s right to protect fundamental rights when official protection is not available at the appropriate moment. At the same time, lawful self-defense preserves the authority of the law by setting clear limits to this right, preventing it from becoming a justification for violence or personal revenge. Conclusion Lawful self-defense is an important legal institution that balances the protection of individual rights with respect for the rule of law. Although its conditions are clear in theory, its practical application requires careful judicial evaluation of the facts and circumstances surrounding each case. Therefore, a proper understanding of lawful self-defense helps achieve justice, protects individuals from unlawful attacks, and prevents the misuse of this right. Al-Mustaqbal University, the First University in Iraq