Preventive Use of Force and Preventive Killings: Moves into a Different Legal Order
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Georg Nolte
According to the traditional view, preventive uses of force between states and preventive killings of individuals, to be legal, have one basic requirement in common, namely, the requirement of the immediacy of the threat posed. The U.S. National Security Strategy of September 2002, the so-called Bush doctrine, and the so-called Israeli policy of "targeted killing" challenge precisely this core requirement for the preventive use of force against states and against individuals. The author argues that abandonment of the traditional standard is unwarranted, even when taking into account the new kinds of threats that have arisen in recent times. Such abandonment, he argues, would risk transforming indispensable foundations of the international law on the use of force and on human rights.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Articles in the same Issue
- Article
- Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
- The Role of Transnational Norm Entrepreneurs in the U.S. "War on Terrorism"
- Overcoming Temptations to Violate Human Dignity in Times of Crisis: On the Possibilities for Meaningful Self-Restraint
- Preventive Use of Force and Preventive Killings: Moves into a Different Legal Order
- Suicidal Terror, Radical Evil, and the Distortion of Politics and Law
- Collective Guilt and Collective Punishment
- Targeted Killing
- Three Cheers for Universal Jurisdiction - Or Is It Only Two?
Articles in the same Issue
- Article
- Between Civil Libertarianism and Executive Unilateralism: An Institutional Process Approach to Rights during Wartime
- The Role of Transnational Norm Entrepreneurs in the U.S. "War on Terrorism"
- Overcoming Temptations to Violate Human Dignity in Times of Crisis: On the Possibilities for Meaningful Self-Restraint
- Preventive Use of Force and Preventive Killings: Moves into a Different Legal Order
- Suicidal Terror, Radical Evil, and the Distortion of Politics and Law
- Collective Guilt and Collective Punishment
- Targeted Killing
- Three Cheers for Universal Jurisdiction - Or Is It Only Two?
