Preemption, Prevention and Anticipatory Self-Defense: New Law regarding Recourse to Force

Authors

Thomas M. Franck

Abstract

On September 17, 2002, the National Security Strategy was published. This paper outlines the reach of the Strategy, focusing on the extent it creates new ground in asserting a right to use "preemptive" force. Traditional notions of anticipatory self-defense, found in the Caroline Doctrine, have been extended such that the Strategy allows the United States to respond with force to "rogue states before they are able to threaten" an attack. But, who has the right to determine whether a state may someday constitute a threat?

Recommended Citation

Thomas M. Franck, Preemption, Prevention and Anticipatory Self-Defense: New Law regarding Recourse to Force, 27 Hastings Int'l & Comp. L. Rev. 425 (2004).
Available at: https://repository.uclawsf.edu/hastings_international_comparative_law_review/vol27/iss3/2