Anticipatory Action in Self-Defence

Essence and Limits under International Law

Paperback Engels 2014 9789067049962
Verwachte levertijd ongeveer 9 werkdagen

Samenvatting

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.

Specificaties

ISBN13:9789067049962
Taal:Engels
Bindwijze:paperback

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Inhoudsopgave

<p>1. Introduction.-</p><p>Part I: Pre-Charter Customary Law on Self-Defence.</p><p>2 Self-defence in ancient and medieval natural law.</p><p>3 Self-defence as a measure short of war.          </p><p>4 Self-defence as an exception to the prohibition of war.           </p><p>5 The right of self-defence and the drafting of the UN Charter.</p><p>6 The temporal dimension of self-defence at the time of the Charter.-</p><p>Part II: Post-Charter Customary Law on Self-Defence.</p><p>7 The right of self-defence in the Judgments of the Nuremberg and Tokyo Tribunals.</p><p>8 Self-defence in state-to-state conflicts.</p><p>9 Self-defence and weapons of mass destruction.</p><p>10 Self-defence against non-state actors.</p><p>11 The interpretation of self-defence and the United Nations.</p><p>12 The temporal dimension of post-Charter self-defence.-</p><p>Part III: Anticipatory Action in Self-Defence and International Customary Law.</p><p>13 The legality of anticipatory action in self-defence.</p><p>14 The limits of anticipatory action in self-defence.</p>

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