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)

• Introduction
• The Concept of Pre-emptive Self-Defence
• Arguments in Favour of Pre-emptive Self-Defence
• Arguments Against Pre-emptive Self-Defence
• International Law and Terrorism
• Existing Legal Framework
• Limitations of Existing Law
• The Need for Change
• The Moral Justification of Pre-emptive Self-Defence
• Utilitarian Argument
• The Duty to Protect Innocent Lives
• The Dangers of Pre-emptive Self-Defence
• The Risk of Misuse and Error
• The Destabilisation of International Order
• Alternatives to Pre-emptive Action
• The Reality of Pre-emptive Self-Defence

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This paper examines the proposition that the legal doctrine of self-defence should be expanded to include the right to pre-emptive self-defence, especially in light of the threat of international terrorism. The paper evaluates arguments both for and against this proposition, considering legal, moral, and practical implications. It explores the current international legal framework, its limitations in dealing with terrorism, and potential consequences of adopting a pre-emptive self-defence doctrine.

• The nature of international terrorism and its impact on international law
• The legal concept of self-defence and its applicability to terrorism
• The moral implications of pre-emptive self-defence
• The potential consequences of allowing pre-emptive self-defence
• The role of international cooperation in combating terrorism

Zusammenfassung der Kapitel (Chapter Summaries)

• Introduction: This chapter introduces the topic of pre-emptive self-defence and its relevance in the context of international terrorism. It sets the stage for the debate by outlining the key arguments that will be explored in subsequent chapters.
• The Concept of Pre-emptive Self-Defence: This chapter examines the concept of pre-emptive self-defence, exploring its definition, historical precedents, and potential benefits and drawbacks. It presents arguments both for and against the inclusion of pre-emptive self-defence in international law.
• International Law and Terrorism: This chapter analyzes the current international legal framework regarding the use of force and its effectiveness in addressing the threat of terrorism. It highlights the limitations of existing law and argues for the need for reform.
• The Moral Justification of Pre-emptive Self-Defence: This chapter explores the moral justifications for pre-emptive self-defence, examining arguments based on utilitarianism and the duty to protect innocent lives. It considers the ethical implications of pre-emptive action.
• The Dangers of Pre-emptive Self-Defence: This chapter focuses on the potential dangers of allowing pre-emptive self-defence, including the risks of misuse, error, and destabilization of the international order. It proposes alternatives to pre-emptive action and emphasizes the importance of international cooperation.
• The Reality of Pre-emptive Self-Defence: This chapter examines the historical and contemporary practice of pre-emptive self-defence, highlighting examples of states that have resorted to this strategy. It discusses the political and strategic considerations that influence the decision to engage in pre-emptive action.

Schlüsselwörter (Keywords)

This paper explores key concepts related to international terrorism, international law, self-defence, pre-emption, prevention, war, ethics, and the role of international cooperation in combating terrorism. It examines the implications of expanding the legal doctrine of self-defence to include pre-emptive action and its potential impact on global security.

• 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