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

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:	06 Nov 2018 11:27
URI:	http://srodev.sussex.ac.uk/id/eprint/79935

View download statistics for this item

📧 Request an update