Logo - springer
Slogan - springer

Law - International, Foreign and Comparative Law | Anticipatory Action in Self-Defence - Essence and Limits under International Law

Anticipatory Action in Self-Defence

Essence and Limits under International Law

Tibori Szabó, Kinga

2011, XVIII, 348 p.

Available Formats:
eBook
Information

Springer eBooks may be purchased by end-customers only and are sold without copy protection (DRM free). Instead, all eBooks include personalized watermarks. This means you can read the Springer eBooks across numerous devices such as Laptops, eReaders, and tablets.

You can pay for Springer eBooks with Visa, Mastercard, American Express or Paypal.

After the purchase you can directly download the eBook file or read it online in our Springer eBook Reader. Furthermore your eBook will be stored in your MySpringer account. So you can always re-download your eBooks.

 
$109.00

(net) price for USA

ISBN 978-90-6704-796-8

digitally watermarked, no DRM

Included Format: PDF and EPUB

download immediately after purchase


learn more about Springer eBooks

add to marked items

Hardcover
Information

Hardcover version

You can pay for Springer Books with Visa, Mastercard, American Express or Paypal.

Standard shipping is free of charge for individual customers.

 
$139.00

(net) price for USA

ISBN 978-90-6704-795-1

free shipping for individuals worldwide

usually dispatched within 3 to 5 business days


add to marked items

Softcover
Information

Softcover (also known as softback) version.

You can pay for Springer Books with Visa, Mastercard, American Express or Paypal.

Standard shipping is free of charge for individual customers.

 
$139.00

(net) price for USA

ISBN 978-90-6704-996-2

free shipping for individuals worldwide

usually dispatched within 3 to 5 business days


add to marked items

  • 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).

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.

The innovative mark of this book is its comprehensive focus on the temporal dimension and, particularly, the anticipatory aspect of self-defence. By way of conclusion, the definition and limits of anticipatory action in self-defence are incorporated into an accessible formula.

The book is highly recommended to academics and legal advisers – ministries of foreign affairs and defence – as well as to international organizations, military academies and journalists.

 

Kinga Tibori Szabó is presently working at the International Criminal Tribunal for the Former Yugoslavia, The Hague, The Netherlands.

With a Foreword by Pieter H. Kooijmans, former judge in the International Court of Justice

Content Level » Research

Keywords » Jurisprudence - Laws of War - Preemptive strikes - Public International Law - Self-Defence

Related subjects » International, Foreign and Comparative Law

Table of contents 

1. Introduction.-

Part I: Pre-Charter Customary Law on Self-Defence.

2 Self-defence in ancient and medieval natural law.

3 Self-defence as a measure short of war.         

4 Self-defence as an exception to the prohibition of war.          

5 The right of self-defence and the drafting of the UN Charter.

6 The temporal dimension of self-defence at the time of the Charter.-

Part II: Post-Charter Customary Law on Self-Defence.

7 The right of self-defence in the Judgments of the Nuremberg and Tokyo Tribunals.

8 Self-defence in state-to-state conflicts.

9 Self-defence and weapons of mass destruction.

10 Self-defence against non-state actors.

11 The interpretation of self-defence and the United Nations.

12 The temporal dimension of post-Charter self-defence.-

Part III: Anticipatory Action in Self-Defence and International Customary Law.

13 The legality of anticipatory action in self-defence.

14 The limits of anticipatory action in self-defence.

Popular Content within this publication 

 

Articles

Read this Book on Springerlink

Services for this book

New Book Alert

Get alerted on new Springer publications in the subject area of International Humanitarian Law, Law of Armed Conflict.