Criminal Liability in Case of Self-Defense: A Comparative Jurisprudential Study

Abstract

This study aims to examine the level of individual responsibility where self-defense leads to the death of the aggressor. It explores this issue from two perspectives: the perspective of taking action (such as when self-defense is initiated), and the perspective of refraining from action (such as when someone is prevented from accessing essential resources). The study discusses killing an attacker who poses a threat, and the conditions under which such actions may be justifiable. The second section focuses on situations where someone is deprived of access to food or drink, examining the permissibility of killing in such circumstances. The third section explores the killing of an enemy combatant who infiltrates Islamic territory without safety guarantees. The study ends by summarizing the findings and conclusions drawn from the research.