Overview
- Comprehensive, historical and legal analysis on preemptive strikes.
- Focus on temporal dimension and anticipatory aspect of self-defence.
- Incorporates essence and limits of preemptive strikes into accessible formula.
- Compares the temporal issue in cases such as the Cuban missile crisis (1962), the Israeli bombing of the Osirak reactor (1981) and the US war against Iraq (2003).
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About this book
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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Keywords
Table of contents (14 chapters)
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Front Matter
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Pre-Charter Customary Law on Self-Defence
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Front Matter
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Post-Charter Customary Law on Self-Defence
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Front Matter
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Anticipatory Action in Self-Defence and International Customary Law
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Front Matter
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Back Matter
Authors and Affiliations
Accessibility Information
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Bibliographic Information
Book Title: Anticipatory Action in Self-Defence
Book Subtitle: Essence and Limits under International Law
Authors: Kinga Tibori Szabó
DOI: https://doi.org/10.1007/978-90-6704-796-8
Publisher: T.M.C. Asser Press The Hague
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2011
Hardcover ISBN: 978-90-6704-795-1Published: 22 August 2011
Softcover ISBN: 978-90-6704-996-2Published: 14 October 2014
eBook ISBN: 978-90-6704-796-8Published: 22 August 2011
Edition Number: 1
Number of Pages: XVIII, 348
Topics: International Humanitarian Law, Law of Armed Conflict, Sources and Subjects of International Law, International Organizations