Anticipatory Action in Self-Defence

Essence and Limits under International Law

Authors: Tibori Szabó, Kinga

  • 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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eBook $109.00
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Hardcover $139.00
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  • ISBN 978-90-6704-795-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $139.00
price for USA
  • ISBN 978-90-6704-996-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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.

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

Table of contents (14 chapters)

  • Introduction

    Szabó, Kinga Tibori

    Pages 1-27

  • Self-Defence in Ancient and Medieval Natural-Law

    Szabó, Kinga Tibori

    Pages 31-58

  • Self-Defence as a Measure Short of War

    Szabó, Kinga Tibori

    Pages 59-80

  • Self-Defence as an Exception to the Prohibition of War

    Szabó, Kinga Tibori

    Pages 81-100

  • The Right of Self-Defence and the Drafting of the UN Charter

    Szabó, Kinga Tibori

    Pages 101-115

Buy this book

eBook $109.00
price for USA (gross)
  • ISBN 978-90-6704-796-8
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $139.00
price for USA
  • ISBN 978-90-6704-795-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $139.00
price for USA
  • ISBN 978-90-6704-996-2
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Anticipatory Action in Self-Defence
Book Subtitle
Essence and Limits under International Law
Authors
Copyright
2011
Publisher
T.M.C. Asser Press
Copyright Holder
T.M.C. ASSER PRESS, The Hague, The Netherlands, and the authors 2011
eBook ISBN
978-90-6704-796-8
DOI
10.1007/978-90-6704-796-8
Hardcover ISBN
978-90-6704-795-1
Softcover ISBN
978-90-6704-996-2
Edition Number
1
Number of Pages
XVIII, 348
Topics