'Preemptive Self-Defense - The Compatibility of the Concept of Preemptive Self-Defense with Public International Law'



For the first time the concept of preemptive self-defense was promulgated in the National Security Strategy 2002. According to this concept the use of force against so-called rogue states or international terror organizations is consistent with the law of self-defense when there are uncertainties concerning the place and time of the assumed attack, especially in the case of an actual threat involving weapons of mass destruction.



Within the debate concerning the legality of Operation Iraqi Freedom, the concept of preemptive self-defense was mistakenly discussed as a justification, and widely assessed as incompatible with public international law. Given the growing intensity of international terror organizations in the Middle East, as well as the latest North Korean nuclear weapon tests in September 2016, the concept of preemptive self-defense is of increasing importance. By analyzing Article 51 UN-Charta, the customary international law, as well as state practice, Christian Richter demonstrates that the concept of preemptive self-defense is in fact compatible with public international law.