Jump to ContentJump to Main Navigation

Online

49,00 € / $74.00*

* Prices subject to change. Shipping costs will be added if applicable.
Publication Date:
February 2004
ISSN:
1565-3404
DOI:
10.2202/1565-3404.1087

See all formats and pricing

Online
Individual Subscription Online only
Euro [D] 49.00
RRP for USA, Canada, Mexico
US$ 74.00 *
Print
Individual Subscription Online only
Euro [D] 176.00
RRP for USA, Canada, Mexico
US$ 237.00 *
Print + Online
Individual Subscription Online only
Euro [D] 212.00
RRP for USA, Canada, Mexico
US$ 285.00 *
*Prices subject to change. Shipping costs will be added if applicable.
VolumeIssuePage

Issues

Preventive Use of Force and Preventive Killings: Moves into a Different Legal Order

Georg Nolte1

1University of Goettingen

Citation Information: Theoretical Inquiries in Law. Volume 5, Issue 1, Pages 111–129, ISSN (Online) 1565-3404, DOI: 10.2202/1565-3404.1087, February 2004

Publication History:
Published Online:
2004-02-11

According to the traditional view, preventive uses of force between states and preventive killings of individuals, to be legal, have one basic requirement in common, namely, the requirement of the immediacy of the threat posed. The U.S. National Security Strategy of September 2002, the so-called Bush doctrine, and the so-called Israeli policy of "targeted killing" challenge precisely this core requirement for the preventive use of force against states and against individuals. The author argues that abandonment of the traditional standard is unwarranted, even when taking into account the new kinds of threats that have arisen in recent times. Such abandonment, he argues, would risk transforming indispensable foundations of the international law on the use of force and on human rights.

Comments (0)

Please log in or register to comment.