Home -> Law Blog Directory -> Criminal Law Blogs -> AIDP Blog

Criminal Law

: AIDP Blog

Anticipatory Self-Defence and International Law–A Re-Evaluation

By International Association of Penal Law

View my article, Anticipatory Self-Defence and International Law?A Re-Evaluation, published in the Journal of Conflict & Security Law.    Abstract   Traditional state v. state war is largely a relic.  How then does a nation-state defend itself?preemptively?against an unseen enemy?  Existing international law?the Caroline Doctrine, UN Charter Article 51, Security Council Resolutions 1368 and 1373?do not provide sufficiently clear guidelines regarding when a state may take preemptive or anticipatory action against a non-state actor.  This article proposes rearticulating international law to allow a state to act earlier provided sufficient intelligence is available. After examining international law this article proposes a process-based ?strict-scrutiny? approach to self-defense...continue to full post

Full post as published by AIDP Blog on September 12, 2008 (boomark / email).