The United States and Individual and Collective Self-Defense in Northeast Asia

Abstract

This Essay describes and assesses U.S. positions regarding the international law of individual and collective self-defense with respect to four present-day security imperatives in Northeast Asia: (1) North Korea’s possession of nuclear missiles, and the threats they pose to the United States and U.S. allies, namely Japan and South Korea, both of which host significant U.S. bases and troops; (2) Offensive cyber operations against the United States or U.S. nationals in Northeast Asia, by North Korea or China state actors; (3) China, and the threat it poses to Taiwan over which it asserts sovereignty; and (4) Island Disputes between Japan, China, and South Korea, which would implicate U.S. alliance treaty obligations This Essay proceeds in two parts. The first part reviews the historical background and current status of the international law of grounds for war—jus ad bellum. Particular emphasis is placed on the law of self-defense, both individual and collective, and the grounds for which preemptive defensive attacks are warranted. The second part applies the jus ad bellum elaborated in Part One to the four case studies.