The purpose of the jus ad bellum is to draw a line in the sand:
thus far, but no further. In the light of modern warfare, a state
should today have an explicitly recognised and undisputed right of
delimited unilateral defence not only in response to an occurring
armed attack, but also in interception of an inevitable or imminent
armed attack. This book, however, makes it evident that unilateral
interception is not incontestably compatible with the modern right
of self-defence in Article 51 of the UN Charter. Then again,
unilateral defence need not forever be confined to self-defence
only, wherefore the book proposes that the concept of defence may
best be modernised by a clear legal division into responsive and
interceptive defence. Since both threat and use of force are
explicitly prohibited in Article 2(4) of the UN Charter, this book
further recommends that both responsive and interceptive defence
should be explicitly excepted from this prohibition in Article 51
of the UN Charter. The modern jus ad bellum should thus legally
recognise a dual face of defence: responsive self-defence if an
armed attack occurs, and interceptive necessity-defence if a grave
and urgent threat of an armed attack occurs. For without a
clarifying and modernising revision, the concept of defence will
become irreparably blurred until it is completely dissolved into
the ever-shifting sands of war.
General
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