ANTICIPATORY SELF-DEFENSE IN INTERNATIONAL LAW: LEGAL AMBIGUITIES, STATE PRACTICE, AND THE NEED FOR REFORM
Keywords:
anticipatory self-defense, international law, UN Charter, Article 51, Caroline incident, imminence, use of force, proportionality, collective security, preemptive action, international peace.Abstract
This thesis examines the contested doctrine of anticipatory self-defense in international law, where a state uses force in anticipation of an imminent attack. While the UN Charter strictly limits the use of force to cases of actual armed attack under Article 51, evolving threats—such as terrorism, cyberwarfare, and the proliferation of weapons of mass destruction—have prompted some states to adopt more expansive interpretations. The study revisits the historical benchmark of the 1837 Caroline incident, contrasts restrained cases like the Cuban Missile Crisis with controversial instances such as the 2003 invasion of Iraq, and highlights the risks of subjective national definitions of “imminence.” It argues that the current legal framework is insufficiently precise, leaving room for abuse and undermining collective security. The thesis calls for a reformed legal regime with clearer definitions, stricter evidentiary requirements, proportionality standards, and independent oversight mechanisms, thereby reconciling state security imperatives with the principles of peace and legal accountability.
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