Anticipatory Action in Self-Defence
T.M.C. Asser Press (Verlag)
978-90-6704-795-1 (ISBN)
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.
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.
Erscheint lt. Verlag | 22.8.2011 |
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Zusatzinfo | 7 Tables, black and white; XVIII, 348 p. |
Verlagsort | The Hague |
Sprache | englisch |
Maße | 155 x 235 mm |
Gewicht | 717 g |
Themenwelt | Recht / Steuern ► EU / Internationales Recht |
Recht / Steuern ► Öffentliches Recht ► Völkerrecht | |
ISBN-10 | 90-6704-795-3 / 9067047953 |
ISBN-13 | 978-90-6704-795-1 / 9789067047951 |
Zustand | Neuware |
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