This e-Note examines the concept of anticipatory self-defence under international law, with a particular focus on the distinction between preventive and pre-emptive uses of force. Using the Bush Doctrine and the ensuing 2003 Iraq War as case study, it argues that such interventions are broadly rejected by the international community and fall outside the legal framework established by the United Nations Charter. The analysis highlights that the right to self-defence is strictly limited to cases of an actual armed attack, as outlined in article 51 of the Charter. The e-Note concludes by emphasising the necessity and importance of upholding both the Charter’s and the broader international legal framework to safeguard international peace and security.
Download e-Note 80Research lines: Middle East and North Africa; Non-Arab Muslim World; Security and defence architecture
Source image: Copyright UN Photo (Evan Schneider)
