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Author: Kinga Tibori Szabó
Publisher: Springer Science & Business Media
ISBN: 9067047961
Category : Law
Languages : en
Pages : 356
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Book Description
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.
Author: Kinga Tibori Szabó
Publisher: Springer Science & Business Media
ISBN: 9067047961
Category : Law
Languages : en
Pages : 356
Get Book Here
Book Description
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.
Author: Deen K. Chatterjee
Publisher: Cambridge University Press
ISBN: 0521765684
Category : Law
Languages : en
Pages : 271
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Book Description
The book examines the complex and contested moral and legal issues of preventive warfare.
Author: Karl P. Mueller
Publisher: Rand Corporation
ISBN: 9780833040954
Category : Political Science
Languages : en
Pages : 344
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Book Description
RAND Project AIR FORCE studied the post-9/11 shift in U.S. defense policy emphasis toward preemptive and preventive attack, asking under what conditions preemptive or preventive attack is worth considering as a response to perceived threats. It considered the role such first-strike strategies are likely to play in future U.S. national security policy. Finally, it identified implications these conclusions have for military planners and policymakers as they prepare to deal with national security threats in the next decade.
Author: Colin S. Gray
Publisher:
ISBN:
Category : Military doctrine
Languages : en
Pages : 76
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Book Description
Author: Colin S. Gray
Publisher:
ISBN: 9781584872986
Category : Military doctrine
Languages : en
Pages : 60
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Book Description
Author: Ashton B. Carter
Publisher: Rowman & Littlefield
ISBN: 9780815791003
Category : Political Science
Languages : en
Pages : 276
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Book Description
William J. Perry and Ashton B. Carter, two of the world's foremost defense authorities, draw on their experience as leaders of the U.S. Defense Department to propose a new American security strategy for the twenty-first century. After a century in which aggression had to be defeated in two world wars and then deterred through a prolonged cold war, the authors argue for a strategy centered on prevention. Now that the cold war is over, it is necessary to rethink the risks to U.S. security. The A list--threats to U.S. survival--is empty today. The B list--the two major regional contingencies in the Persian Gulf and on the Korean peninsula that dominate Pentagon planning and budgeting--pose imminent threats to U.S. interests but not to survival. And the C list--such headline-grabbing places as Kosovo, Bosnia, Somalia, Rwanda, and Haiti--includes important contingencies that indirectly affect U.S. security but do not directly threaten U.S. interests. Thus the United States is enjoying a period of unprecedented peace and influence; but foreign policy and defense leaders cannot afford to be complacent. The authors' preventive defense strategy concentrates on the dangers that, if mismanaged, have the potential to grow into true A-list threats to U.S. survival in the next century. These include Weimar Russia: failure to establish a self-respecting place for the new Russia in the post-cold war world, allowing it to descend into chaos, isolation, and aggression as Germany did after World War I; Loose Nukes: failure to reduce and secure the deadly legacy of the cold war--nuclear, chemical, and biological weapons in Russia and the rest of the former Soviet Union; A Rising China Turned Hostile: failure to shape China's rise to Asian superpower status so that it emerges as a partner rather than an adversary; Proliferation: spread of weapons of mass destruction; and Catastrophic Terrorism: increase in the scope and intensity of transnational terrorism.They also argue for
Author: U. S. Military
Publisher: Independently Published
ISBN: 9781720037880
Category : History
Languages : en
Pages : 72
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Book Description
The imminence requirement for preemption can make all the moral difference in deciding to launch a lethal strike. Influenced by Michael Walzer's just war criteria for preemption, I provide three necessary conditions to strike first in self-defense. A commander must justifiably believe three things: that an unjust aggressor is poised to attack, that her capacity to avert an attack is constrained by an imminent decision point or last window of opportunity, and that preemption is part of a moral-risk proportionate strategy. In any event, a commander must decide to preempt or not preempt under conditions of uncertainty. Imminence must be seen as a necessary requirement for preemption, which is the term normative theorists use when an unjust aggressor poses an imminent threat of attack, and a defender strikes first in self-defense. Insofar as a defender foresees an imminent threat and need not await her fate before taking action, preemption can be just. If preemption is just
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 160
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Book Description
Author: Daniel L. Zajac
Publisher:
ISBN:
Category : Just war doctrine
Languages : en
Pages : 38
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Book Description
This paper seeks to identify the implications of the President's emerging anticipatory self- defense doctrine for the Department of Defense. Specifically, the paper employs just war theory and strategic military theory to examine decision criteria for preemptive and preventative military actions at the strategic level, while utilizing the ends-ways-means paradigm for strategy analysis. After offering several definitions, the paper explores the theoretical foundations of anticipatory self-defense. A brief survey of historical examples of preventative war, preemptive war and preventative attack sets the stage for analysis. Japan's conquest in the Pacific (1941) illustrates a preventative war that was antithetical to American values and while extreme it identifies the risk that rogue nations, inspired by U.S. policy, will use anticipatory self- defense as an excuse for aggression. The last two examples, the Six-Day War (1967) and the Osirak Raid (1982) manifest preemptive and preventative military operations closer to the spirit of the President's new policy. The paper proposes decision criteria for anticipatory self-defense and identifies three likely preemption types (generic courses of action, or ways"). These types are signaled preemption/prevention, unannounced preemption/prevention, and clandestine preemption/prevention. The paper examines means and offers recommendations for the Department of Defense. Threats and risks are addressed throughout. The paper concludes that decision criteria for anticipatory self- defense possess utility and it recommends the Just War Framework' as a start point for the development of such criteria. While not intended to defend anticipatory self-defense, the paper concludes that there are instances that justify preemption and prevention. This study contributes to a small body of critical thought on America's emerging preemptive strategy. Moreover, it may provide a start point for additional studies on the topic.
Author: Henry Shue
Publisher: Oxford University Press
ISBN: 0199233136
Category : Philosophy
Languages : en
Pages : 276
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Book Description
Is a nation ever justified in attacking before it has been attacked? If so, under precisely what conditions? This volume of new, specially commissioned chapters provides the most definitive assessment to date of the justifiability of preemptive or preventive military action.
