Legality of Anticipatory Self-Defense in International Criminal Law: Special Case Studies in Focus

Abstract

On February 24, 2022, a significant international event transpired as Russian military forces crossed into Ukraine, initiating a full-scale conflict under the assertion of Anticipatory Self-defense. This development has sparked renewed discussions and inquiries into the legal and practical dimensions of Anticipatory Self-defense as a pretext for military actions. Notably, Anticipatory Self-defense has been invoked in the past, most notably by the Bush administration during the Iraq War and currently by the Israeli government in various contexts. In a similar vein, President Vladimir Putin employed the doctrine of Anticipatory Self-defense to legitimize and provide a legal basis for the Russian military's actions in Ukraine. This research paper seeks to undertake a thorough and systematic exploration of the essentials and legal aspects of Anticipatory Self-defense as a concept, examining its application and relevance in contemporary international relations. The primary objective is to shed light on the justifiability and legality of utilizing Anticipatory Self-defense as a rationale for military intervention, with a specific focus on the recent events in Ukraine. In addition to an overarching discussion on the principles and nuances of Anticipatory Self-defense, this paper will delve into select case studies from recent history, drawing upon experiences and actions taken by various countries, including the United States and Israel. Through a comprehensive analysis that combines legal, historical, and political perspectives, this research endeavor aims to provide a nuanced understanding of Anticipatory Self-defense, its utilization by different nations, and whether it can serve as a valid legal basis for military actions.Top of FormBottom of Form