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.
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