Pre-emptive Self-Defence: "In an age of international terrorism, the law on self-defence needs to be expanded to include the right to pre-emptive self-defence."

An evaluation of arguments both for and against this proposition

Essay , 2007 , 10 Pages , Grade: Distinction

Politics - Topic: Peace and Conflict, Security

This paper will argue against an expansion of international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. In order to back this position arguments both for and against pre-emptive self-defence will be examined from a moral as well as practical point of view. After examining the nature of terrorist threats and current international law, this essay will focus on alternatives to and consequences of pre-emptive self-defence, before considering the limits of law and power in international relations.

Inhaltsverzeichnis (Table of Contents)

• International Terrorism and the Right of Self-Defence
• Arguments for Pre-emptive Self-Defence
• The Threat of International Terrorism
• The Need for New Laws
• The Importance of Prevention
• Arguments Against Pre-emptive Self-Defence
• Existing International Law and the Right of Self-Defence
• The Importance of Multilateral Cooperation
• The Moral and Legal Consequences of Pre-emptive Self-Defence
• Conclusion

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper evaluates the arguments for and against expanding international law to include an unrestricted doctrine of pre-emptive war in the legal conception of self-defence. It examines the implications of pre-emption from both a moral and practical perspective, considering the nature of terrorist threats, existing international law, and alternative approaches to countering terrorism.

• The threat of international terrorism and its impact on international law
• The arguments for and against the legality and morality of pre-emptive self-defence
• The role of international law in regulating the use of force in the face of terrorism
• The potential consequences of expanding international law to include pre-emptive self-defence
• The importance of multilateral cooperation in countering terrorism

Zusammenfassung der Kapitel (Chapter Summaries)

The paper begins by examining the threat of international terrorism and the arguments for expanding the right of self-defence to include pre-emptive action. It then discusses the existing legal framework surrounding the right of self-defence, including the UN Charter and customary international law, and explores whether this framework is sufficient to address the threat of terrorism. The paper argues that while there are valid reasons to consider pre-emptive action, the potential risks and consequences of adopting a general doctrine of pre-emptive self-defence outweigh its benefits. It concludes by emphasizing the importance of multilateral cooperation and existing legal frameworks in combating terrorism.

Schlüsselwörter (Keywords)

The paper focuses on the key themes of international terrorism, pre-emptive self-defence, international law, the right of self-defence, the UN Charter, multilateral cooperation, and the moral and legal implications of using force in the context of terrorism. It draws upon legal and philosophical arguments to analyze the complex relationship between law, power, and security in the post-9/11 world.

• College: Macquarie University
• Course: IRPG 842 Politics of International Law
• Grade: Distinction
• Author: MIR, MA Sebastian Plappert (Author)
• Publication Year: 2007
• Pages: 10
• Catalog Number: V153934
• ISBN (eBook): 9783640664634
• ISBN (Book): 9783640664184
• Language: English
• Tags: International Law, Self defence, pre emption, USA, Use of Force