Anticipatory Action in Self-Defence: Essence and Limits under International Law [Paperback]

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.This book examines whether anticipatory action in self-defense is part of customary international law and, if so, under what conditions. It considers such events as the Six-Day War, the Israeli bombing of an Iraqi reactor and the US invasion of Iraq.

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.