Self-Defense in International Relations
The right to individual and collective self-defense in international law and politics has always been a controversial issue. Using the example of how the US employs self-defense against Iraq, this book uncovers new dimensions, which lead to innovative and
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Also by the author INTERNATIONAL ENVIRONMENTAL JUSTICE: A NORTH-SOUTH DIMENSION
Self-Defense in International Relations Ruchi Anand Associate Professor of International Relations, American Graduate School of International Relations and Diplomacy, Paris, France
© Ruchi Anand 2009 Preface © Richard Falk 2009 Softcover reprint of the hardcover 1st edition 2009 978-0-230-57458-8 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted her right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2009 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries ISBN 978-1-349-36537-1 ISBN 978-0-230-24574-7 (eBook) DOI 10.1057/9780230245747 This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. A catalogue record for this book is available from the Library of Congress. 10 18
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Contents Appendix
vii
Preface by Richard Falk
viii
Acknowledgments
xiii
1 Self-Defense in International Relations
1
2 International Relations Theory Meets International Law 2.1 Anarchy: Starting point or end result? 2.2 System polarity: Impact on international law 2.3 Is international law law? The principal paradox of self-defense 2.4 Conclusion
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3 International Law Prohibiting the Use of Force 3.1 Introduction 3.2 War and aggression in international law 3.3 Prohibitions to the use of force in international law
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4 International Legal Exceptions to the Prohibition on the Use of Force 4.1 Introduction 1. Use of force authorized by Security Council Chapter VII 2. Self-defense A. Post-attack self-defense B. Anticipatory self-defense Cuban Missile Crisis (1962) The Six-Day War (1967) Israel-Iraq Osiraq nuclear re
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