Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument

Self-Defense in Operation: The Anticipatory and Preemtive Use of Military Instrument

Qerim Qerimi

Abstract

This article’s main thrust is to explore distinct features of the legality of the use of armed force as an exercise of the right to self-defense in international law. The focus is on contexts that transcend the traditional operation of the use of military instrument in self-defense. The aim is to go beyond the classic notion of self-defense, meaning the use of military instrument by a state against another state after the attack has occurred. In contrast, the task here is to appraise the legality of the use of force in anticipatory and preemptive self-defense. More specifically, the two scenarios that will appraised in greater detail involve (1) the anticipatory self-defense in cases of terrorist threats or threats to, or use of, nuclear weapons; and (2) the use of force in self-defense in cases when the source of attack has been a non-state actor rather than an independent and sovereign state.

Keywords: use of force, self-defense, nuclear weapons, state responsibility, non-state actors

Self-Defense in Operation The Anticipatory and Preemtive Use of Military Instrument