Anticipatory Self-Defence Laws

Paper Summary:

The paper highlights the reservations the international community has had over the years towards the phenomenon of anticipatory self-defence within the international law structure. The paper looks at certain cases, namely the Nicaraguan case, the Six Day War between Arab states and Israel, the Israeli raid on Iraq, the America-Cuba issue and 9/11 attacks and the international community's and the UN's reactions to all these events. The paper examines the impact of Article 51 of the UN Charter and the limitations of anticipatory self-defence. The paper concludes that international legislators need to realize that they must reform the anticipatory self-defence laws in accordance to the changing times.

Outline:
Introduction
The Various Interpretations of the International Law on Anticipatory Self-Defence
A Small Illustration of the Use of Anticipatory Self-Defence
Understanding the Limitations of Anticipatory Self-Defence
The Impact of Article 51 of the UN Charter
The Complete History of the Application of UN Charter on Anticipatory Self-Defence
The General Restrictions on Use of Force
Discussion on This Issue
Conclusion

From the Paper:

"The concept of anticipatory self defence in international law has become more prominent and has grown to be a dominant topic of discussion in recent years. The attacks on American soil on September 11, 2001 can be said as the primary reason behind the growing importance of anticipatory self defence. The event saw the passenger airlines being hijacked and used to target the destruction of important and strategic New York and Washington buildings i.e. the World Trade Center and the Pentagon. It wasn't a surprise that the U.S. reacted with aggression and force by initiating the war on terror under the reign of President Bush."

Sample of Sources Used:

• Arend, A. (2003). International Law and the Preemptive Use of Military Force. The Washington Quarterly 26(2):89-103.
• Beard, J.M. (2002). America's New War on Terror : The Case for Self-Defence in International Law, 25 Harvard Journal of Law and Public Policy 2.
• Brownlie, I. (1963). International Law and the Use of Force by States, 257.
• Corfu Channel Case (U.K. v. Alb.), 1949 I.C.J. 4 (Apr. 9); Military andParamilitary Activities in and Against Nicaragua (Nicaragua v. U.S.), 1986 I.C.J. 14
• D'Amato, A. (1983). Israel's Air Strike Upon the Iraqi Nuclear Reactor, 77 AM. J. INT'L L. 584.Deller, N. (2003). 'Jus ad Bellum: Law Regulating Resort to Force'. Human Rights 30(1):8.

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