The American strategy of preemptive war and international law

dc.contributor.advisorBennett, T.W.
dc.contributor.authorvan Selle, Birgit
dc.date.accessioned2023-08-29T10:45:19Z
dc.date.available2023-08-29T10:45:19Z
dc.date.issued2004
dc.date.updated2023-08-29T10:44:54Z
dc.description.abstractThe government of the United States has proven its determination to embark on a war against Iraq. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. While it might· have preferred to do so on the basis of an authorization by the United Nations Security Council, it emphasized from the outset that it would also act without consent of the Security Council. Representatives of other permanent members of the Security Council believed otherwise; that no resolution of the Security Council authorized U.S. armed action without its approval and that acting without consent of the Security Council constitutes a breach of international law. In its National Security Strategy, for instance, the United States declared, that it was prepared to engage in a preemptive war without Security Council authorization both during the current Iraq crisis and as a general rule. This paper addresses issues of international law raised by this unilateral approach. It concludes. that a unilateral war of preemption poses a violation of international law and that its legalization would not be desirable.
dc.identifier.apacitationvan Selle, B. (2004). <i>The American strategy of preemptive war and international law</i>. (). ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/38314en_ZA
dc.identifier.chicagocitationvan Selle, Birgit. <i>"The American strategy of preemptive war and international law."</i> ., ,Faculty of Law ,Department of Commercial Law, 2004. http://hdl.handle.net/11427/38314en_ZA
dc.identifier.citationvan Selle, B. 2004. The American strategy of preemptive war and international law. . ,Faculty of Law ,Department of Commercial Law. http://hdl.handle.net/11427/38314en_ZA
dc.identifier.ris TY - Master Thesis AU - van Selle, Birgit AB - The government of the United States has proven its determination to embark on a war against Iraq. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. While it might· have preferred to do so on the basis of an authorization by the United Nations Security Council, it emphasized from the outset that it would also act without consent of the Security Council. Representatives of other permanent members of the Security Council believed otherwise; that no resolution of the Security Council authorized U.S. armed action without its approval and that acting without consent of the Security Council constitutes a breach of international law. In its National Security Strategy, for instance, the United States declared, that it was prepared to engage in a preemptive war without Security Council authorization both during the current Iraq crisis and as a general rule. This paper addresses issues of international law raised by this unilateral approach. It concludes. that a unilateral war of preemption poses a violation of international law and that its legalization would not be desirable. DA - 2004 DB - OpenUCT DP - University of Cape Town KW - law LK - https://open.uct.ac.za PY - 2004 T1 - The American strategy of preemptive war and international law TI - The American strategy of preemptive war and international law UR - http://hdl.handle.net/11427/38314 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/38314
dc.identifier.vancouvercitationvan Selle B. The American strategy of preemptive war and international law. []. ,Faculty of Law ,Department of Commercial Law, 2004 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/38314en_ZA
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Commercial Law
dc.publisher.facultyFaculty of Law
dc.subjectlaw
dc.titleThe American strategy of preemptive war and international law
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM Degree
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