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Formalnoprawne podstawy oporu przeciwko agresorowi

Gąska M.

Zeszyty Naukowe AON

2000

nr 2(39)

177-187

The author presented formal legal bases of resistance against an aggressor. The article refers to historical legal bases of armed resistance during the Second World War. The author focused his main effort to present the idea of armed resistance in the light of binding law, particularly the Geneva Convention of 1949 and the Additional Protocol I of 1977. There is no doubt that the right to defence and self-defence is one of the essential principles of modem international relations. These principles result explicitly from international law. There are legal frameworks, however, that touch on the society’s armed organisation in the time of aggression or occupation. The author tries to present these standards in this article. The article refers to the idea of necessary defence as a basic principle, due to some lawyers, to legalise armed resistance during the Second World War. The author presented the idea of necessary defence on the background of Polish legal and historical publications. The author himself, however, does not approve of necessary defence as a principle to legalise armed resistance. According to the author the concept of necessary defence in current war law does not stand justification, for instance because armed resistance has all the legal bases to continue fighting in invasion and occupation conditions. This law is not questionable now. The basis for armed resistance to exist and function is to comply with war law provisions included in mentioned above conventions.