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The American strategy of preemptive war and international law
The government of the United States has proven its determination to embark on a war against Iraq. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. While it might· have preferred to do so on the basis of...
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| Format: | Thesis |
| Language: | English |
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Department of Commercial Law
2023
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| _version_ | 1867613185109917696 |
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| access_status_str | Open Access |
| author | van Selle, Birgit |
| author2 | Bennett, T.W. |
| author_browse | Bennett, T.W. van Selle, Birgit |
| author_facet | Bennett, T.W. van Selle, Birgit |
| author_sort | van Selle, Birgit |
| collection | Thesis |
| description | The government of the United States has proven its determination to embark on a war against Iraq. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. While it might· have preferred to do so on the basis of an authorization by the United Nations Security Council, it emphasized from the outset that it would also act without consent of the Security Council. Representatives of other permanent members of the Security Council believed otherwise; that no resolution of the Security Council authorized U.S. armed action without its approval and that acting without consent of the Security Council constitutes a breach of international law. In its National Security Strategy, for instance, the United States declared, that it was prepared to engage in a preemptive war without Security Council authorization both during the current Iraq crisis and as a general rule. This paper addresses issues of international law raised by this unilateral approach. It concludes. that a unilateral war of preemption poses a violation of international law and that its legalization would not be desirable. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/38314 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:32:07.214Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Commercial Law |
| publisherStr | Department of Commercial Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/38314 The American strategy of preemptive war and international law van Selle, Birgit Bennett, T.W. law The government of the United States has proven its determination to embark on a war against Iraq. U.S. officials, citing United Nations Security Council resolutions, insisted that the United States had the authority for the contemplated attack. While it might· have preferred to do so on the basis of an authorization by the United Nations Security Council, it emphasized from the outset that it would also act without consent of the Security Council. Representatives of other permanent members of the Security Council believed otherwise; that no resolution of the Security Council authorized U.S. armed action without its approval and that acting without consent of the Security Council constitutes a breach of international law. In its National Security Strategy, for instance, the United States declared, that it was prepared to engage in a preemptive war without Security Council authorization both during the current Iraq crisis and as a general rule. This paper addresses issues of international law raised by this unilateral approach. It concludes. that a unilateral war of preemption poses a violation of international law and that its legalization would not be desirable. 2023-08-29T10:45:19Z 2023-08-29T10:45:19Z 2004 2023-08-29T10:44:54Z Master Thesis Masters LLM Degree http://hdl.handle.net/11427/38314 eng application/pdf Department of Commercial Law Faculty of Law |
| spellingShingle | law van Selle, Birgit The American strategy of preemptive war and international law |
| thesis_degree_str | Master's |
| title | The American strategy of preemptive war and international law |
| title_full | The American strategy of preemptive war and international law |
| title_fullStr | The American strategy of preemptive war and international law |
| title_full_unstemmed | The American strategy of preemptive war and international law |
| title_short | The American strategy of preemptive war and international law |
| title_sort | american strategy of preemptive war and international law |
| topic | law |
| url | http://hdl.handle.net/11427/38314 |
| work_keys_str_mv | AT vansellebirgit theamericanstrategyofpreemptivewarandinternationallaw AT vansellebirgit americanstrategyofpreemptivewarandinternationallaw |