A preemptive war is a
war
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular o ...
that is commenced in an attempt to repel or defeat a perceived imminent offensive or
invasion
An invasion is a military offensive in which large numbers of combatants of one geopolitical entity aggressively enter territory owned by another such entity, generally with the objective of either: conquering; liberating or re-establishing con ...
, or to gain a strategic advantage in an impending (allegedly unavoidable) war ''shortly before'' that attack materializes. It is a war that preemptively 'breaks the peace'.
The term 'preemptive war' is sometimes confused with the term '
preventive war
A preventive war is a war or a military action which is initiated in order to prevent a belligerent or a neutral party from acquiring a capability for attacking. The party which is being attacked has a latent threat capability or it has shown t ...
'. The difference is that a preventive war is launched to destroy the potential threat of the targeted party, when an attack by that party is not
imminent
Imminence or Imminent may refer to:
* Imminent lawless action, a standard currently used that was established by the United States Supreme Court in the case ''Brandenburg v. Ohio''
* Imminent threat, justification for the use of force in internatio ...
or known to be planned. A preemptive war is launched in anticipation of immediate aggression by another party. Most contemporary scholarship equates preventive war with aggression, and therefore argues that it is illegitimate.
[Shue, Henry and Rhodin, David (2007). ''Preemption: Military Action and Moral Justification''. Oxford University Press. p. 116. ] The waging of a preemptive war has less stigma attached than does the waging of a preventive war.
The initiation of armed conflict: that is being the first to 'break the peace' when no 'armed attack' has yet occurred, is not permitted by the
UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
, unless authorized by the UN Security Council as an enforcement action. Some authors have claimed that when a presumed adversary first appears to be beginning confirmable preparations for a possible future attack, but has not yet actually attacked, that the attack has in fact 'already begun', however this opinion has not been upheld by the UN.
[ A US Army sponsored discussion of various justifications for preemptive, preventive and 'precautionary' war.][ Kofi Annan discusses his unwillingness to accept proposed new changes in UN policy towards the use of preemptive force, and why.
]
Theory and practice
Prior to World War I
As early as 1625, Dutch jurist
Hugo Grotius
Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright.
A teenage intellectual prodigy, he was born in Delft ...
characterized a state's right of self-defense to include the right to forestall an attack forcibly. In 1685, the
Scottish government conducted a preemptive military strike against
Clan Campbell
Clan Campbell ( gd, Na Caimbeulaich ) is a Highland Scottish clan, historically one of the largest and most powerful of the Highland clans. The Clan Campbell lands are in Argyll and within their lands lies Ben Cruachan. The chief of the clan be ...
. In 1837, a certain legal precedent regarding preemptive wars was established in the
''Caroline'' affair, during which an Anglo-Canadian force from
Upper Canada
The Province of Upper Canada (french: link=no, province du Haut-Canada) was a part of British Canada established in 1791 by the Kingdom of Great Britain, to govern the central third of the lands in British North America, formerly part of the ...
crossed the
Niagara River
The Niagara River () is a river that flows north from Lake Erie to Lake Ontario. It forms part of the border between the province of Ontario in Canada (on the west) and the state of New York (state), New York in the United States (on the east) ...
into the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
and captured and burnt the ''Caroline'', a ship owned by
Reformist rebels. During the affair, shots were exchanged and an American citizen was killed by a Canadian sheriff. The United States rejected the legal ground of the ''Caroline'' case. In 1842,
US Secretary of State
The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...
Daniel Webster
Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer and statesman who represented New Hampshire and Massachusetts in the U.S. Congress and served as the U.S. Secretary of State under Presidents William Henry Harrison, ...
said that the necessity for forcible reaction must be "instant, overwhelming, leaving no choice of means, and no moment for deliberation." That formulation is part of the
''Caroline'' test, which "is broadly cited as enshrining the appropriate
customary law
A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".
Customary law (also, consuetudina ...
standard."
World War I (1914–1918)
The
Austro-Hungarian
Austria-Hungary, often referred to as the Austro-Hungarian Empire,, the Dual Monarchy, or Austria, was a constitutional monarchy and great power in Central Europe between 1867 and 1918. It was formed with the Austro-Hungarian Compromise of ...
Chief of the General Staff,
Franz Conrad von Hötzendorf
Franz Xaver Josef Conrad von Hötzendorf (after 1919 Franz Conrad; 11 November 1852 – 25 August 1925), sometimes anglicised as Hoetzendorf, was an Austrian general who played a central role in World War I. He served as ''K.u.k. Feldmarschall' ...
, argued for a preemptive war against
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
in 1913.
Serbia had the image of an aggressive and expansionist power and was seen as a threat to Austria-Hungary in
Bosnia and Herzegovina
Bosnia and Herzegovina ( sh, / , ), abbreviated BiH () or B&H, sometimes called Bosnia–Herzegovina and often known informally as Bosnia, is a country at the crossroads of south and southeast Europe, located in the Balkans. Bosnia and H ...
.
The
assassination of Archduke Franz Ferdinand
Archduke Franz Ferdinand of Austria, heir presumptive to the Austro-Hungarian throne, and his wife, Sophie, Duchess of Hohenberg, were assassinated on 28 June 1914 by Bosnian Serb student Gavrilo Princip. They were shot at close range whil ...
(June 1914) was used as an excuse for Austria-Hungary
to attack Serbia, leading to
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
.
During the course of the destructive and costly World War I, for the first time in history, the concept of "
the war to end war
"The war to end war" (also "The war to end all wars"; originally from the 1914 book '' The War That Will End War'' by H. G. Wells) is a term for the First World War of 1914–1918. Originally an idealistic slogan, it is now mainly used sardonic ...
" began to be seriously considered.
[ Discussion of Woodrow Wilson's desire to make World War I the War to End All Wars.] As a further expression of that hope, upon the conclusion of the war, the
League of Nations
The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference that ...
was formed. Its primary aim was to prevent war, as all signatories to the
League of Nations Covenant
The Covenant of the League of Nations was the charter of the League of Nations. It was signed on 28 June 1919 as Part I of the Treaty of Versailles, and became effective together with the rest of the Treaty on 10 January 1920.
Creation
Early d ...
were required to agree to desist from the initiation of all wars, preemptive or otherwise. All of the victorious nations emerging out of World War I eventually signed the agreement, with the notable exception of the United States.
[ Article summarizing the primary objective of the League of Nations.]
League of Nations period (1919–1939)
![193109 mukden incident railway sabotage](https://upload.wikimedia.org/wikipedia/commons/e/e8/193109_mukden_incident_railway_sabotage.jpg)
In the 1920s, the League peaceably settled numerous international disputes and was generally perceived as succeeding in its primary purpose. It was only in the 1930s that its effectiveness in preventing wars began to come into question. Such questions began to arise when it first became apparent in 1931 that it was incapable of halting aggression by
Imperial Japan
The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent forma ...
in
Manchuria
Manchuria is an exonym (derived from the endo demonym " Manchu") for a historical and geographic region in Northeast Asia encompassing the entirety of present-day Northeast China (Inner Manchuria) and parts of the Russian Far East (Outer Manc ...
. In the
Mukden Incident
The Mukden Incident, or Manchurian Incident, known in Chinese as the 9.18 Incident (九・一八), was a false flag event staged by Japanese military personnel as a pretext for the 1931 Japanese invasion of Manchuria.
On September 18, 1931, L ...
, Japan claimed to be fighting a "defensive war" in
Manchuria
Manchuria is an exonym (derived from the endo demonym " Manchu") for a historical and geographic region in Northeast Asia encompassing the entirety of present-day Northeast China (Inner Manchuria) and parts of the Russian Far East (Outer Manc ...
, attempting to "preempt" supposedly-aggressive Chinese intentions towards the Japanese. According to the Japanese, the
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
had started the war by blowing up a
South Manchurian Railway
The South Manchuria Railway ( ja, 南満州鉄道, translit=Minamimanshū Tetsudō; ), officially , Mantetsu ( ja, 満鉄, translit=Mantetsu) or Mantie () for short, was a large of the Empire of Japan whose primary function was the operatio ...
line near
Mukden
Shenyang (, ; ; Mandarin pronunciation: ), formerly known as Fengtian () or by its Manchu name Mukden, is a major Chinese sub-provincial city and the provincial capital of Liaoning province. Located in central-north Liaoning, it is the provi ...
and that since the Chinese were the aggressors, the Japanese were merely "defending themselves."' A predominance of evidence has since indicated that the railway had actually been blown up by Japanese operatives.
[ Details of the Mukden Incident]
![Glivice radio tower](https://upload.wikimedia.org/wikipedia/commons/c/ce/Glivice_radio_tower.JPG)
In 1933, the impotency of the League became more pronounced when notices were provided by Japan and
Nazi Germany
Nazi Germany (lit. "National Socialist State"), ' (lit. "Nazi State") for short; also ' (lit. "National Socialist Germany") (officially known as the German Reich from 1933 until 1943, and the Greater German Reich from 1943 to 1945) was ...
that they would be terminating their memberships in the League.
Fascist Italy shortly followed suit by exiting the League in 1937.
[ A timeline of all major League events.] Soon, Italy and Germany also began engaging in militaristic campaigns designed to either enlarge their borders or to expand their sphere of military control, and the League was shown to be powerless to stop them.
The perceived impotency of the League was a contributing factor to the full outbreak of
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
in 1939.
[ Description of the demise of the League of Nations.] The start of World War II is generally dated from the event of
Germany's invasion of Poland. It is noteworthy that Germany claimed at the time that its invasion of
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
was in fact a "defensive war," as it had allegedly been invaded by a group of Polish saboteurs, signaling a potentially-larger invasion of Germany by Poland that was soon to be under way. Thus, Germany was left with no option but to preemptive invade Poland to halt the alleged Polish plans to invade Germany. It was later discovered that Germany had fabricated the evidence for the alleged Polish saboteurs as a part of the
Gleiwitz incident
The Gleiwitz incident (german: Überfall auf den Sender Gleiwitz; ) was a false flag attack on the radio station ''Sender Gleiwitz'' in Gleiwitz (then Germany and now Gliwice, Poland) staged by Nazi Germany on the night of 31 August 1939. Along ...
.
World War II period (1939–1945)
Once again, during the course of the even more widespread and lethal World War II, the hope of somehow definitively ending all war, including preemptive war, was seriously discussed. That dialogue ultimately resulted in the establishment of the successor organization to the League, the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
(UN). As with the League, the primary aim and hope of the UN was to prevent all wars, including preemptive wars. Unlike the League, the UN had the United States as a member.
In analyzing the many components of World War II, which one might consider as separate individual wars, the various attacks on previously-neutral countries, and the attacks against Iran and Norway might be considered to have been preemptive wars.
As for the 1940
German invasion of Norway
German(s) may refer to:
* Germany (of or related to)
**Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ger ...
, during the 1946
Nuremberg trials
The Nuremberg trials were held by the Allies of World War II, Allies against representatives of the defeated Nazi Germany, for plotting and carrying out invasions of other countries, and other crimes, in World War II.
Between 1939 and 1945 ...
, the German defense argued that Germany had been "compelled to attack
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
by the need to forestall an Allied invasion and that her action was therefore preemptive." The German defence referred to
Plan R 4
Plan R 4 was an unrealised British plan to invade Norway and Sweden in April 1940, during the Second World War. As a result of competing plans for Norway and a German invasion of Norway the same month, it was not carried out as designed. Simil ...
and its predecessors. Norway was vital to Germany as a transport route for iron ore from
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
, a supply that Britain was determined to stop. One adopted British plan was to go through Norway and occupy cities in
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
. An Allied invasion was ordered on March 12, and the Germans intercepted radio traffic setting March 14 as deadline for the preparation. Peace in Finland interrupted the Allied plans, but Hitler became rightly convinced that the Allies would try again and ordered Operation
Weseruebung.
The new Allied plans were
Wilfred Wilfred may refer to:
* Wilfred (given name), a given name and list of people (and fictional characters) with the name
* Wilfred, Indiana, an unincorporated community in the United States
* ''Wilfred'' (Australian TV series), a comedy series
* ' ...
and
Plan R 4
Plan R 4 was an unrealised British plan to invade Norway and Sweden in April 1940, during the Second World War. As a result of competing plans for Norway and a German invasion of Norway the same month, it was not carried out as designed. Simil ...
to provoke a German reaction by laying mines in Norwegian waters, and once Germany showed signs of taking action, Allied forces would occupy
Narvik
( se, Áhkanjárga) is the third-largest municipality in Nordland county, Norway, by population. The administrative centre of the municipality is the town of Narvik. Some of the notable villages in the municipality include Ankenesstranda, Ball ...
,
Trondheim
Trondheim ( , , ; sma, Tråante), historically Kaupangen, Nidaros and Trondhjem (), is a city and municipality in Trøndelag county, Norway. As of 2020, it had a population of 205,332, was the third most populous municipality in Norway, and ...
and
Bergen
Bergen (), historically Bjørgvin, is a city and municipality in Vestland county on the west coast of Norway. , its population is roughly 285,900. Bergen is the second-largest city in Norway. The municipality covers and is on the peninsula of ...
and launch a raid on
Stavanger
Stavanger (, , American English, US usually , ) is a city and municipalities of Norway, municipality in Norway. It is the fourth largest city and third largest metropolitan area in Norway (through conurbation with neighboring Sandnes) and the a ...
to destroy
Sola airfield
Sola Air Station ( no, Sola flystasjon) is a base for the Royal Norwegian Air Force. It is located in Sola municipality in Rogaland county, Norway. Rescue Helicopter Service is stationed at Sola along with No. 330 Squadron RNoAF, Helicopter Squad ...
. However, "the mines were not laid until the morning of 8 April, by which time the German ships were advancing up the Norwegian coast." However, the Nuremberg trials determined that no Allied invasion was imminent and therefore rejected Germany's argument of being entitled to attack Norway.
In the case of
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
, in which Soviet and British forces preemptively invaded this country, see
Anglo-Soviet invasion of Iran.
1967 Arab–Israeli War (Six Day War)
![6dayswar1](https://upload.wikimedia.org/wikipedia/commons/0/00/6dayswar1.jpg)
Israel incorporates preemptive war in its strategic doctrine to maintain a credible deterrent posture, based on its lack of
strategic depth
Strategic depth is a term in military literature that broadly refers to the distances between the front lines or battle sectors and the combatants' industrial core areas, capital cities, heartlands, and other key centers of population or milita ...
.
The
Six-Day War
The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab world, Arab states (primarily United Arab Republic, Egypt, S ...
, which began when Israel launched a successful attack on
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
on June 5, 1967, has been widely described as a preemptive war and is, according to the
United States State Department
The United States Department of State (DOS), or State Department, is an executive department of the U.S. federal government responsible for the country's foreign policy and relations. Equivalent to the ministry of foreign affairs of other n ...
, "perhaps the most cited example
f preemption" Others have alternatively referred to it as a
preventive war
A preventive war is a war or a military action which is initiated in order to prevent a belligerent or a neutral party from acquiring a capability for attacking. The party which is being attacked has a latent threat capability or it has shown t ...
. Some have referred to the war as an act of "interceptive self-defense." According to that view, no single Egyptian step may have qualified as an armed attack, but
Egypt
Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
's collective actions made it clear that it was bent on armed attack against Israel. One academic has claimed that Israel's attack was not permissible under the
''Caroline'' test; he claims that there was no overwhelming threat to Israel's survival.
2003 U.S.-Iraq War
The doctrine of preemption gained renewed interest following the
US invasion of Iraq
The 2003 invasion of Iraq was a United States-led invasion of the Republic of Iraq and the first stage of the Iraq War. The invasion phase began on 19 March 2003 (air) and 20 March 2003 (ground) and lasted just over one month, including 26 ...
. The
George W. Bush administration
George W. Bush's tenure as the 43rd president of the United States began with his first inauguration on January 20, 2001, and ended on January 20, 2009. Bush, a Republican from Texas, took office following a narrow victory over Democratic in ...
claimed that it was necessary to intervene to prevent
Saddam Hussein
Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolution ...
from deploying
weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natura ...
(WMD). At the time, US decision-makers claimed that Saddam's
weapons of mass destruction
A weapon of mass destruction (WMD) is a chemical, biological, radiological, nuclear, or any other weapon that can kill and bring significant harm to numerous individuals or cause great damage to artificial structures (e.g., buildings), natura ...
might be given to terrorist groups and that the nation's security was at a great risk. Congress passed its
joint resolution
In the United States Congress, a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the President for their approval or disapproval. Generally, there is no legal differ ...
in October 2002, authorizing the US president to use military force against Saddam's regime.
[George, and Jens Ohlin. ''Defending Humanity''. New York: Oxford University Press, 2008. Print.] However, The
Iraq Intelligence Commission confirmed in its 2005 report that no
nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission (fission bomb) or a combination of fission and fusion reactions ( thermonuclear bomb), producing a nuclear explosion. Both bom ...
s or
biological weapon
A biological agent (also called bio-agent, biological threat agent, biological warfare agent, biological weapon, or bioweapon) is a bacterium, virus, protozoan, parasite, fungus, or toxin that can be used purposefully as a weapon in bioterroris ...
s capability existed.
Many critics have questioned the true intention of the administration for invading Iraq, based on possibility of
retaliation
Revenge is committing a harmful action against a person or group in response to a grievance, be it real or perceived. Francis Bacon described revenge as a kind of "wild justice" that "does... offend the law ndputteth the law out of office." Pr ...
on the terrorist attacks on
September 11, 2001
The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commerc ...
.
Arguments for preemptive war during Bush administration
=Sofaer's four elements
=
The scholar
Abraham David Sofaer
Abraham David Sofaer (born May 6, 1938) is an American attorney and jurist who served as a United States district judge of the United States District Court for the Southern District of New York and legal adviser to the United States State Departm ...
identified four key elements for justification of preemption:
# The nature and magnitude of the threat involved;
# The likelihood that the threat will be realized unless preemptive action is taken;
# The availability and exhaustion of alternatives to using force;
# Whether using preemptive force is consistent with the terms and purposes of the UN Charter and other applicable international agreements.
=Walzer's three elements
=
Professor Mark R. Amstutz, citing
Michael Walzer
Michael Laban Walzer (born 1935) is an American political theorist and public intellectual. A professor emeritus at the Institute for Advanced Study (IAS) in Princeton, New Jersey, he is editor emeritus of ''Dissent'', an intellectual magazine ...
, adopted a similar but slightly-varied set of criteria and noted three factors to evaluate the justification of a preemptive strike.
# The existence of an intention to injure;
# The undertaking of military preparations that increase the level of danger; and
# The need to act immediately because of a higher degree of risk.
=Counter proliferation self-help paradigm
=
![F-16netz002](https://upload.wikimedia.org/wikipedia/commons/6/68/F-16netz002.jpg)
The proliferation of weapons of mass destruction by
rogue nations
"Rogue state" (or sometimes "outlaw state") is a term applied by some international theorists to states that they consider threatening to the world's peace. These states meet certain criteria, such as being ruled by authoritarian or totalitar ...
gave rise to a certain argument by scholars on preemption. They argued that the threat need not be "imminent" in the classic sense and that the illicit acquisition of the weapons, with their capacity to unleash massive destruction, by rogue states, created the requisite threat to peace and stability as to have justified the use of preemptive force.
NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two No ...
's Deputy Assistant Secretary General for WMD,
Guy Roberts, cited the 1962
Cuban Missile Crisis
The Cuban Missile Crisis, also known as the October Crisis (of 1962) ( es, Crisis de Octubre) in Cuba, the Caribbean Crisis () in Russia, or the Missile Scare, was a 35-day (16 October – 20 November 1962) confrontation between the United S ...
, the 1998 US
attack
Attack may refer to:
Warfare and combat
* Offensive (military)
* Charge (warfare)
* Attack (fencing)
* Strike (attack)
* Attack (computing)
* Attack aircraft
Books and publishing
* ''The Attack'' (novel), a book
* '' Attack No. 1'', comic an ...
on a
Sudanese pharmaceutical plant, (identified by US intelligence to have been a chemical weapons facility) and the
1981 Israeli attack on Iraq's nuclear facility at Osirak as examples of the counterproliferation self-help paradigm. Regarding the Osirak attack, Roberts noted that at the time, few legal scholars argued in support of the Israeli attack, but he noted further that "subsequent events demonstrated the perspicacity of the Israelis, and some scholars have re-visited that attack arguing that it was justified under anticipatory self-defense." After the US invasion of Iraq in 2003, US forces captured a number of documents detailing conversations that Saddam had with his inner sanctum.
The archive of documents and recorded meetings confirm that
Saddam Hussein
Saddam Hussein ( ; ar, صدام حسين, Ṣaddām Ḥusayn; 28 April 1937 – 30 December 2006) was an Iraqi politician who served as the fifth president of Iraq from 16 July 1979 until 9 April 2003. A leading member of the revolution ...
was indeed aiming to strike at Israel.
[ In a 1982 conversation Hussein stated, "Once Iraq walks out victorious, there will not be any Israel." Of Israel's anti-Iraqi endeavors he noted, "Technically, they ]he Israelis
He or HE may refer to:
Language
* He (pronoun), an English pronoun
* He (kana), the romanization of the Japanese kana へ
* He (letter), the fifth letter of many Semitic alphabets
* He (Cyrillic), a letter of the Cyrillic script called ''He'' in ...
are right in all of their attempts to harm Iraq."[
]
Post–Bush administration period (2009–present)
After the departure of the Bush administration, the Obama administration adopted and continued many policies of the Bush Doctrine
The Bush Doctrine refers to multiple interrelated foreign policy principles of the 43rd President of the United States, George W. Bush. These principles include unilateralism, preemptive war, and regime change.
Charles Krauthammer first used ...
.
Intention
The intention with a preemptive strike is to gain the advantage of initiative and to harm the enemy at a moment of minimal protection, for instance, while vulnerable during transport or mobilization
Mobilization is the act of assembling and readying military troops and supplies for war. The word ''mobilization'' was first used in a military context in the 1850s to describe the preparation of the Prussian Army. Mobilization theories and ...
.
In his "Rationalist Explanations for War," James Fearon attributes the use of preemptive strikes by rational states to both offensive advantages and commitment problems between states. When a nation possesses a first strike advantage and believes itself to have a high probability of winning a war, there is a narrower ''de facto'' bargaining range between it and an opposing country for peaceful settlements. In extreme cases, if the probability of winning minus the probable costs of war is high enough, no self-enforcing peaceful outcome exists. In his discussion of preventative war arising from a commitment problem, Fearon builds an infinite-horizon model expected payoffs from period t on are (pt/(l - δ)) - Ca for state A and ((1 -pt)/(l - δ)) - Cb for
state B, where Ca and Cb are costs incurred the respective states and δ is the state discount of the future period payoffs.
The model shows that a peaceful settlement can be reached at any period that both states prefer, but strategic issues arise when there is no credible third-party guaranteer of the two states committing to a peaceful foreign policy. If there is going to be a shift in the military power between states in the future, and no credible restraint is placed on the rising military power not to exploit its future advantage, it is rational for the state with declining military power to use a preventative attack while it has a higher chance of winning the war. Fearon points out that the declining state attacks are caused not by fear of a future attack but because the future peace settlement would be worse for it than in the current period. The lack of trust that leads to a declining power's preemptive strike stems not from uncertainty about intentions of different nations but from "the situation, the structure of preferences and opportunities, that gives one party incentive to renege" on its peaceful cooperation and exploit its increased military potential in the future to win a more profitable peace settlement for itself. Thus, Fearon shows that preemptive military action is taken by nations when there is an unfavorable shift in military potential in the future that leads to a shrinking bargain range for a peaceful settlement in the current period but with no credible commitment by the other party to avoid exploiting its improved military potential in the future.
Legality
Article 2, Section 4 of the UN Charter
The Charter of the United Nations (UN) is the foundational treaty of the UN, an intergovernmental organization. It establishes the purposes, governing structure, and overall framework of the UN system, including its six principal organs: the ...
is generally considered to be ''jus cogens'' (literally "compelling law" but in practice "higher international law") and prohibits all UN members from exercising "the ''threat'' or ''use'' of force against the territorial integrity or political independence of any state". However, in the modern framework of the UN Charter, it is the phrase "armed attack occurs" in Article 51 that draws the line between legitimate and illegitimate military force. Some scholars believe it is reasonable to assume that if no armed attack has yet occurred that no automatic justification for preemptive 'self-defense' has yet been made 'legal' under the UN Charter. In order to be justified as an act of self-defense, two conditions must be fulfilled which are widely regarded as necessary for its justification. The first of these is that actor must have believed that the threat is real, as opposed to (merely) perceived. The second condition is that the force used in self-defense must be proportional to the harm which the actor is threatened.[David, and Henry Shue. ''Preemption: Military Action and Moral Justification''. New York: Oxford University Press, 2007. Print.]
See also
* Controversies relating to the Six-Day War
The Six-Day War was fought between June 5 and June 10, 1967, by Israel and the neighboring states of Egypt nown then as the United Arab Republic (UAR)">United_Arab_Republic.html" ;"title="nown then as the United Arab Republic">nown then as the Un ...
* A Clean Break: A New Strategy for Securing the Realm
* ''Battleplan
{{italic title
''Battleplan'' is a 2006 military television documentary series examining various military strategies used in modern warfare since World War I. It is shown on the Military Channel in the U.S. and Yesterday. Each episode looks at pa ...
'' (documentary TV series)
* Bush Doctrine
The Bush Doctrine refers to multiple interrelated foreign policy principles of the 43rd President of the United States, George W. Bush. These principles include unilateralism, preemptive war, and regime change.
Charles Krauthammer first used ...
* ''Caroline'' affair
* Dwight D. Eisenhower
Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; ; October 14, 1890 – March 28, 1969) was an American military officer and statesman who served as the 34th president of the United States from 1953 to 1961. During World War II, ...
statements
Statement or statements may refer to: Common uses
*Statement (computer science), the smallest standalone element of an imperative programming language
*Statement (logic), declarative sentence that is either true or false
*Statement, a declarative ...
on 'preventive war
A preventive war is a war or a military action which is initiated in order to prevent a belligerent or a neutral party from acquiring a capability for attacking. The party which is being attacked has a latent threat capability or it has shown t ...
' in WikiQuote
* ''Jus ad bellum
' ( or in the traditional English pronunciation of Latin; Latin for "right to war") is a set of criteria that are to be consulted ''before'' engaging in war in order to determine whether entering into war is permissible, that is, whether it wil ...
''
* War of aggression
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
Wars without international legality (i.e. not out of self-defense nor sanc ...
* Pre-emptive nuclear strike
In nuclear strategy, a first strike or preemptive strike is a preemptive surprise attack employing overwhelming force. First strike capability is a country's ability to defeat another nuclear power by destroying its arsenal to the point where t ...
(counterforce
In nuclear strategy, a counterforce target is one that has a military value, such as a launch silo for intercontinental ballistic missiles, an airbase at which nuclear-armed bombers are stationed, a homeport for ballistic missile submarines, or ...
)
* Soviet offensive plans controversy
The Soviet offensive plans controversy was a debate among historians in the late 20th and early 21st centuries as to whether Joseph Stalin had planned to launch an attack against Nazi Germany in the summer of 1941. The controversy started with Vi ...
* Hobbesian trap
The Hobbesian trap (or Schelling's dilemma) is a theory that explains why preemptive strikes occur between two groups, out of bilateral fear of an imminent attack. Without outside influences this situation will lead to a fear spiral (catch-22, vic ...
References
External links
Preemptive warfare: A viable strategic option
Can a member of The United Nations unilaterally decide to use preemptive force against another state without violating the UN Charter?
Vytautas Kacerauskis, International Journal of Baltic Law Volume 2, No. 1 (January, 2005) ISSN 1648-9349
ThoughtCast
speaks with Alan Dershowitz about his book "Preemption: A Knife that Cuts Both Ways"...
The American Strategy of Preemptive War and International Law
The Myth of Preemptive Self-Defense
Mary Ellen O’Connell Professor of Law
Pre-emptive Self-Defence, International Law and US Policy
Chris Richter
U.S. National Security Strategy: a New Era
U.S. Department of State
{{DEFAULTSORT:Preemptive War
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