To what extent do the rights of anticipatory and pre-emptive self-defense exist under international law

Islam, Aminul (2016) To what extent do the rights of anticipatory and pre-emptive self-defense exist under international law. Indian Journal of Law and Justice, 2 (7). pp. 106-123. ISSN 0976-3570

[img] PDF - Published Version
Restricted to SRO admin only
Available under License All Rights Reserved.

Download (3MB)

Abstract

Self-defense has been historically recognized as a legitimate action by the international community and is said to be inherent in the concept of Statehood. Traditional concept of war e.g. State v State war has mostly been changed – and nowadays, especially after the event of 9/11 in the United States – States are fighting to defend themselves against the non-State actors – an unseen enemy, which has essentially raised questions on the extent of right of Self-defense of a nation-State. Because, the existing international law – the Caroline Doctrine, Article 51 of the United Nations Charter and Security Council Resolutions – does not provide sufficiently clear guidelines regarding when a State may take anticipatory or pre-emptive action against a State or a non-State actor. After examining international law, this article proposes a proper understanding of the nature of the right of Self-defense and most pertinently, the possible existence of right of anticipatory and pre-emptive Self-defense in existing international law.

Item Type: Article
Keywords: United Nations, Use of Force, Armed Attack, Anticipatory Self-defense, Pre-emptive Self-defense.
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
Depositing User: Aminul Islam
Date Deposited: 06 Nov 2018 11:20
Last Modified: 02 Jul 2019 14:02
URI: http://sro.sussex.ac.uk/id/eprint/79935

View download statistics for this item

📧 Request an update