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Full-Text Articles in Military, War, and Peace
The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal
The Threat Of Force As An Action In Self-Defense Under International Law, James A. Green, Francis Grimal
Vanderbilt Journal of Transnational Law
Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this …
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres
Vanderbilt Journal of Transnational Law
In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.