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The Doctrine of Pre-Emption and the War in Iraq Under International Law

Yıl 2004, Cilt: 9 Sayı: 2, 33 - 44, 01.07.2004

Öz

The use of force in self-defence is lawful only if an armed attack occurs – not if one is likely to occur – against a state. Customary international law permits pre-emptive self-defence only when a threat is so grave and imminent that the victim cannot wait to act in self-defence until the attack has actually started. The Bush doctrine of pre-emption as formulated in the National Security Strategy NSS goes beyond this narrow principle and reserves the right to attack pre-emptively even without a definite and imminent threat. The war in Iraq constitutes the first test case in the implementation of the doctrine and calls for an extensive examination of the reasons offered to justify the pre-emptive use of force. This study concludes that the gravity and immediacy of the threat Iraq posed to international security has clearly been exaggerated. The war was launched on the basis of subjective threat assessments; and the high standard of proof that lawful pre-emption demands, was not met. Yet, the Bush doctrine has repercussions beyond Iraq; it is not entirely clear whether pre-emptive force will also be used against other states that the Bush administration finds threatening. The implications of the new doctrine are both uncertain and dangerous. On the basis of its potential for abuse, the right to use force pre-emptively, unnecessarily endangers the already fragile international legal order.

Yıl 2004, Cilt: 9 Sayı: 2, 33 - 44, 01.07.2004

Öz

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Aylin Şeker Görener Bu kişi benim

Yayımlanma Tarihi 1 Temmuz 2004
Yayımlandığı Sayı Yıl 2004 Cilt: 9 Sayı: 2

Kaynak Göster

APA Görener, A. Ş. (2004). The Doctrine of Pre-Emption and the War in Iraq Under International Law. PERCEPTIONS: Journal of International Affairs, 9(2), 33-44.
AMA Görener AŞ. The Doctrine of Pre-Emption and the War in Iraq Under International Law. PERCEPTIONS. Temmuz 2004;9(2):33-44.
Chicago Görener, Aylin Şeker. “The Doctrine of Pre-Emption and the War in Iraq Under International Law”. PERCEPTIONS: Journal of International Affairs 9, sy. 2 (Temmuz 2004): 33-44.
EndNote Görener AŞ (01 Temmuz 2004) The Doctrine of Pre-Emption and the War in Iraq Under International Law. PERCEPTIONS: Journal of International Affairs 9 2 33–44.
IEEE A. Ş. Görener, “The Doctrine of Pre-Emption and the War in Iraq Under International Law”, PERCEPTIONS, c. 9, sy. 2, ss. 33–44, 2004.
ISNAD Görener, Aylin Şeker. “The Doctrine of Pre-Emption and the War in Iraq Under International Law”. PERCEPTIONS: Journal of International Affairs 9/2 (Temmuz 2004), 33-44.
JAMA Görener AŞ. The Doctrine of Pre-Emption and the War in Iraq Under International Law. PERCEPTIONS. 2004;9:33–44.
MLA Görener, Aylin Şeker. “The Doctrine of Pre-Emption and the War in Iraq Under International Law”. PERCEPTIONS: Journal of International Affairs, c. 9, sy. 2, 2004, ss. 33-44.
Vancouver Görener AŞ. The Doctrine of Pre-Emption and the War in Iraq Under International Law. PERCEPTIONS. 2004;9(2):33-44.