Anticipatory Action in Self-Defence

Essence and Limits under International Law
2011
ISBN: 978-90-6704-996-2
Verlag: T.M.C. Asser Press

Buch, Englisch, 348 Seiten, Paperback, Format (B × H): 155 mm x 235 mm, Gewicht: 557 g

The legality of preemptive strikes is one of the most controversial questions of contemporary international law. At the core of this controversy stands the temporal dimension of self-defence: when and for how long can a state defend itself against an armed attack? Can it resort to armed force before such an attack occurs? Is anticipatory action covered by the rules of self-defence or should it be treated as a different concept? This book examines whether anticipatory action in self-defence is part of customary international law and, if so, under what conditions. The pre-Charter concept of anticipatory action is demarcated and then assessed against post-Charter state practice. Several instances of self-defence – both anticipatory and remedial – are examined to elucidate the rules governing the temporal dimension of the right. The Six-Day War (1967), the Israeli bombing of an Iraqi reactor (1981), the US invasion of Iraq (2003) and other instances of state practice are given thorough attention.

Zielgruppe

Research

Autoren/Hrsg.

Tibori Szabó, Kinga

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Kriegsrecht, Territorialrecht, Humanitäres Recht

Inhaltsverzeichnis

1. Introduction.-

Part I: Pre-Charter Customary Law on Self-Defence.

2 Self-defence in ancient and medieval natural law.

3 Self-defence as a measure short of war.         

4 Self-defence as an exception to the prohibition of war.          

5 The right of self-defence and the drafting of the UN Charter.

6 The temporal dimension of self-defence at the time of the Charter.-

Part II: Post-Charter Customary Law on Self-Defence.

7 The right of self-defence in the Judgments of the Nuremberg and Tokyo Tribunals.

8 Self-defence in state-to-state conflicts.

9 Self-defence and weapons of mass destruction.

10 Self-defence against non-state actors.

11 The interpretation of self-defence and the United Nations.

12 The temporal dimension of post-Charter self-defence.-

Part III: Anticipatory Action in Self-Defence and International Customary Law.

13 The legality of anticipatory action in self-defence.

14 The limits of anticipatory action in self-defence.