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Subject:
"Bush Doctrine" violating international law?
Category: Relationships and Society > Law Asked by: telarium-ga List Price: $15.00 |
Posted:
03 May 2005 20:15 PDT
Expires: 02 Jun 2005 20:15 PDT Question ID: 517468 |
In The National Security Strategy of the United States of America (September 2002), it states, "As a matter of common sense and self-defense, America will act against such emerging threats before they are fully formed." How does this notion of prevention (or possibly preemtion) violate international law? I'm looking for a set of specific international laws to justify the argument. |
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There is no answer at this time. |
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Subject:
Re: "Bush Doctrine" violating international law?
From: nelson-ga on 04 May 2005 06:40 PDT |
The international community frowns upon preemptive strikes. By doing so, the U.S. has become the aggressor. |
Subject:
Re: "Bush Doctrine" violating international law?
From: xcarlx-ga on 04 May 2005 11:24 PDT |
It's a vague statement. In theory, it could mean the US will enforce the terms of various cease-fire and other agreements that will prevent known or likely enemies from becoming worse problems (like the UN failed to do in Iraq). Legality would then rest on who has the authority to enforce a specific agreement. Or it could mean the US is going to beat the heck out of anyone with a broken tail light. It's just not a specific enough statement to go on. |
Subject:
Re: "Bush Doctrine" violating international law?
From: myoarin-ga on 04 May 2005 16:47 PDT |
"Preemptive strike" is a vague term - and a subjective one - but there has been much written about it. Generally, it is felt to mean attacking prior to an obvious and immediate threat of attack (no Western film etiquette about the good guy waiting for the bad guy to draw first). The 1967 Israeli preemptive strike in the face of the Egypt's mobilizing forces fits this qualification. But the quotation in the question does not, saying that the US will not wait that long, striking at an earlier stage. Under these terms, Kennedy would/could have attacked in the Cuban Missile Crisis. International Law is also vague, since the definition of terms is open to interpretation. As I remember, the discussion after 2001 or after the above statement went back to an incident in the War of 1812, when the US attacked a ship that had not opened hostilities. It was just there, and its presence suggested that it could (my weak recollection of the scenario). On this level - or subject - International Law is not LAW but only a statement of intent or of good will. Law presupposes a higher authority that can enforce it. In International Relations, "Might is Right." If the UN had the "might", there are lots of conflicts in the last decades that it should have settled, but only resolutions were issued. And it is subjective in practice because there does not exist a police element to enforce it. Israel is in breach of many UN resolutions, but nothing has been undertaken to enforce them, but in other conflicts, the UN has mobilized troops. The UN Charter ( http://www.un.org/aboutun/charter/ ) is the International Agreement on the subject, but it is only LAW if there is an authority to enforce it. |
Subject:
Re: "Bush Doctrine" violating international law?
From: amf22-ga on 10 May 2005 22:38 PDT |
The "bush doctrine" is, at best, in a murky area. Article 51 of the UN charter permits military action in self defense, but only in case of actual attack. The charter is silent on preemptive strikes. There is thought to be such an inherent right, existing in customary international law. However, the "Webster formulation" (named for Daniel Webster, its author) of that right grants that a nation may make a preemptive strike, so long as "necessity of that self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation." This is a pretty tough standard to meet. Moreover, as the ICJ discussed in the Nuclear Weapons Case (paragraph 41), there is a requirement of proportionality: the response must be only equal to the threat. None of the United States's actions in the past few years seem to meet these tests. On the other hand, there is also some discussion that, since the above are merely interpretations of customary international law, the Bush Doctrine reflects a changing international perception of that custom, and the Doctrine iteself is now becoming customary international law. |
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