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Anticipatory Action in Self-Defence

Essence and Limits under International Law

  • Book
  • © 2011

Overview

Authors:
  1. Kinga Tibori Szabó

    1. The Hague, Netherlands

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  • 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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Table of contents (14 chapters)

  1. Front Matter

    Pages i-xviii
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  2. Introduction

    • Kinga Tibori Szabó
    Pages 1-27

  3. Pre-Charter Customary Law on Self-Defence

    1. Front Matter

      Pages 29-30
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    2. Self-Defence in Ancient and Medieval Natural-Law

      • Kinga Tibori Szabó
      Pages 31-58

    3. Self-Defence as a Measure Short of War

      • Kinga Tibori Szabó
      Pages 59-80

    4. Self-Defence as an Exception to the Prohibition of War

      • Kinga Tibori Szabó
      Pages 81-100

    5. The Right of Self-Defence and the Drafting of the UN Charter

      • Kinga Tibori Szabó
      Pages 101-115

    6. The Temporal Dimension of Self-Defence at the Time of the Charter

      • Kinga Tibori Szabó
      Pages 117-124

  4. Post-Charter Customary Law on Self-Defence

    1. Front Matter

      Pages 125-127
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    2. The Right of Self-Defence in the Judgments of the Nuremberg and Tokyo Tribunals

      • Kinga Tibori Szabó
      Pages 129-140

    3. Self-Defence in State-to-State Conflicts

      • Kinga Tibori Szabó
      Pages 141-172

    4. Self-Defence and Weapons of Mass Destruction

      • Kinga Tibori Szabó
      Pages 173-201

    5. Self-Defence Against Non-State Actors

      • Kinga Tibori Szabó
      Pages 203-248

    6. The Interpretation of Self-Defence and the United Nations

      • Kinga Tibori Szabó
      Pages 249-268

    7. The Temporal Dimension of Post-Charter Self-Defence

      • Kinga Tibori Szabó
      Pages 269-278

  5. Anticipatory Action in Self-Defence and International Customary Law

    1. Front Matter

      Pages 279-279
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    2. The Legality of Anticipatory Action in Self-Defence

      • Kinga Tibori Szabó
      Pages 281-288

    3. The Limits of Anticipatory Action in Self-Defence

      • Kinga Tibori Szabó
      Pages 289-318

  6. Back Matter

    Pages 319-348
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Keywords

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.

Authors and Affiliations

  • The Hague, Netherlands

    Kinga Tibori Szabó

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