Anticipatory Selfdefense in International Law from the Aspect of Iraq War
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Abstract
Anticipatory selfdefense refers to defensive strikes conducted by a nation before an armed attack occurs against it, which is not in coincidence with the regulation on international law that a nation cannot invoke the right of selfdefense until an armed attack occurs against it. However, the new condition such as the emergence of nuclear weapons and terrorism severely challenges the regulation, under which the anticipatory selfdefense appears to be reasonable. Therefore, anticipatory selfdefense right should be admitted partially and the standards for judging whether a behavior belongs to legal anticipatory selfdefense should be established to avoid abuse.
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