Open Access. Powered by Scholars. Published by Universities.®

Defense and Security Studies Commons™

Open Access. Powered by Scholars. Published by Universities.®

External Link

Preventive self defense

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Defense and Security Studies

Regulation Of Preventive And Premptive Use Of Force In The United Nations Charter: A Search For Original Intent, Timothy Kearley Dec 2002

Regulation Of Preventive And Premptive Use Of Force In The United Nations Charter: A Search For Original Intent, Timothy Kearley

Timothy G. Kearley

This article investigates whether the drafters of the United Nations Charter intended to permit a state to use force in self defense, either preventatively or preemptively, before that state has been the victim of an armed attack. It makes extensive use of a source not much used previously--the volume in the Foreign Relations of the United States series that includes the minutes of the U.S. delegation to the U.N. Conference on International Organization at which the Charter was drafted, and in which the U.S. delegation played a key role in drafting Article 51, the self defense provision.

Go to article

Raising The Caroline, Timothy Kearley Dec 1998

Raising The Caroline, Timothy Kearley

Timothy G. Kearley

This article examines the Caroline case, which articulates when one state can lawfully use force in the territory of another state in peacetime against another state that has been unable or unwilling to prevent its territory from being used to harm the state taking action. It analyzes how the doctrine arising from this case has been misconstrued by some to apply to all uses of force in self defense.

Go to article