Abstract
Preemptive war, an uncontested aspect of international law, is an extension of the right of a State to defend itself. Even if the state is faced by an imminent threat, it should not be expected to wait for the real attack for it to act in defense. Preemptive self defense is allowed if only the state which invokes this can prove that there is an imminent and overpowering threat, that can, by no means, be settled by any peaceful means and military force is the only defense available. This concept of international customary law can be dated back to the Caroline incident; wherein the Criteria for preemptive self defense was set thus: “It will be for that Government to show a necessity of self-defense, instant, overwhelming, leaving no choice of means, and no moment for deliberation”.
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