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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.
Sommario
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.
Riassunto
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.
