Preemptive Strike Research Articles

Does the Presence of Immigrants Increase Perceived Threat? An Examination through Experimental Games

Perceived threats from immigrants have been associated with heightened anti-immigrant attitudes among host country citizens (Esses et al., 2001, 1998). However, most studies have focused on assessing attitudes using scales, with few investigating behavioral responses. This study developed a new experimental game based on the Preemptive Strike Game (Simunovic et al., 2013) to measure reactions to perceived threats of immigrant attacks. A sample of Japanese participants (N = 1,153; pre-registered) was divided into two groups: one group faced a Japanese opponent (Japanese condition), whereas the other faced an immigrant opponent (Immigrant condition). The results did not show a significant increase in defensive behaviors toward immigrants. However, at a descriptive level, the findings suggest the potential for defensive behaviors to arise from perceived threats. The study discusses the implications for future research including the need to accurately identify threat-induced behaviors.

Jus ad bellum series: self-defence against armed non-state actors in the MENA region

ABSTRACT This article marks the launch of the new ‘Jus ad bellum Series’ in the Journal on the Use of Force and International Law, designed to explore the evolving state practice in the jus ad bellum regime. This inaugural piece explores the evolving state practice in relation to self-defence against armed non-state actors (ANSAs), focusing specifically on the Middle East and North Africa (MENA) region. The article is structured into four key sections: first, the interpretation of Article 51 of the UN Charter; second, the contentious issue of anticipatory self-defence, focusing on how recent state practice has reshaped the concept of imminence in response to modern security threats; third, the criteria of necessity and proportionality; finally, the ‘unwilling or unable’ doctrine. The analysis of Article 51’s interpretation reveals significant variation in how states frame their self-defence claims, reflecting the complexity of applying traditional jus ad bellum rules to contemporary security threats.

The Use of Force by the Russian Federation in Ukraine

The Russian-Ukrainian War has significantly impacted the international community, making it crucial to examine the war responsibility of all parties involved under international law. Through this paper, we aim to prove the illegality of Russia's argument and exercise the right of pre-emptive self-defense. To achieve this, we propose a new set of elements that can be used to judge pre-emptive self-defense more clearly. In light of the illegality of Russia's actions and the ICC's background, we further seek to determine both Russia's national responsibility and the individual responsibility of the war initiators. Our paper also offers a potentially effective arrest plan that involves coordination with specific international organizations and subjects. However, given the ongoing dispute around humanitarian intervention by the United States, humanitarian intervention must play a crucial role in the Russo-Ukraine war. The paper demonstrates the legal basis and necessity of humanitarian intervention in the current situation.

백제 무령왕의 고구려 공격과 북방 경계

During his 23-year reign, King Muryeong of Baekje (501-523) primarily focused on military activities. According to the Samguk Sagi (History of the Three Kingdoms), King Muryeong's military operations were primarily concentrated in the northern regions, including Goguryeo and Malgal. This marks a clear difference from the military activities of his predecessor, King Dongseong, who engaged with neighboring countries such as Goguryeo, Silla, and Tamna. Upon his ascension to the throne, King Muryeong immediately attacked Goguryeo. This marked the first preemptive attack on Goguryeo since the 15th year of King Gaeru's reign (469). Subsequently, he continued to engage in battles against Goguryeo. Goguryeo's King Munjamyeong responded to Baekje's aggression by either leading Malgal forces or actively countering with Malgal's support. However, after suffering a crushing defeat at the hands of the cavalry led directly by King Muryeong in the Battle of Wicheon, Goguryeo ceased further warfare with Baekje. At that time, Goguryeo was focused on diplomatic relations with the Northern Wei and consolidating its internal affairs. Additionally, tensions with Silla, which was expanding northward, posed a significant challenge. Given these circumstances, Goguryeo was not in a position to engage in full-scale warfare with Baekje. During the early years of King Muryeong's reign, there were attempts to advance northward, even reaching Sugokseong Fortress in Shin'gye, Hwanghae Province. However, most of the conflicts with Goguryeo occurred in Yeoncheon and Pocheon in Gyeonggi Province. Therefore, the northern border between Baekje and Goguryeo during King Myryeong's reign can be considered the line between the Imjin River and the Han River, north of the Han River in the northern region of Gyeonggi Province. During King Muryeong's reign, the Han River basin controlled by Goguryeo was limited to the southern Han River northeast of Baekje. The posthumous title 'Muryeong-wang' reflects the military achievements garnered from the wars with Goguryeo.

Cross-disciplinary AI supply chain risk assessment

While AI remains chip based and part of both commercial and national strategic superiority goals, it is useful to examine the security and risks associated with achieving those goals. The future strategy rests perilously on an unstable inverted triangle of financial and economic reality. This paper presents the AI chip supply chain as an inverted triangle which base/apex is dependent on a global single supplier with the capability of producing equipment essential for their manufacture. It highlights the dependence on a single company for the fabrication of those chips, and the security risks associated with that supplier being Taiwanese in limited foreign ownership. It is suggested that the increasing tensions between China and the USA have resulted, in part, from this dependence, which was demonstrated by the supply chain crisis resulting from Covid-19. The attempt to reduce this dependence led to the CHIPS and Science Act 2022, signed into law by President Biden. In part of the inverted triangle are found Big Tech and the major Cloud Service Providers. They vary between 60% - 80% of their market capital being in financial institutional ownership, most of which is held by a very limited number of institutions, not all of whom are publicly quoted. To doubt the influence wielded by those financial institutions, just a single institution with major Big Tech and Cloud holdings has, at 31 December 2022, USD 8.59 trillion of assets under management. This represents economic power and places it between the equivalent Gross Domestic Product of China (USD 19.37 trillion) and Japan (USD 4.41 trillion) the second and third entries behind the USA in the GDP rankings. Financial institutions are market driven to achieve growth, contribute to economic stability, and are to an extent regulated by unelected vested interests and organisations. The battlefield for national supremacy of AI may concern chips, until the arrival of quantum AI. Current Chinese economic woes are providing the momentum for pre-emptive strikes at the semiconductor industry, and an inverted triangle is neither a secure nor stable structure for a supply chain.

A non-nuclear US ally’s nuclear preparedness dilemma: South Korea’s “Three-Axis System”

ABSTRACT This article aims to encourage discussion on the dilemma of a non-nuclear US ally’s nuclear preparedness through the case of South Korea. Despite the strong demands of its own nuclear armament by the people and North Korea’s continuous and aggressive nuclear buildups, South Korea has been focusing on strengthening only its conventional options, such as the Kill Chain (preemptive strikes), KAMD (missile defence), and KMPR (conventional retaliation), in the name of the “Three-Axis System” (TAS). However, these have inherent limitations and are seriously challenged by North Korea’s developments of solid-fuel, pull-up manoeuvring, and low-trajectory missiles. As a result, South Korea turned out to be in a dilemma between harmony with its ally, the United States, and a securer nuclear defence against the North Korean nuclear threat. South Korea should do its best to increase the effectiveness of its TAS options in close consultation with the US nuclear extended deterrence. However, it needs to expand its discussion on other options, such as its own nuclear armament, without seriously damaging its alliance with the US. The United States, in turn, should participate in the discussion instead of rejecting South Korea’s options other than the TAS.

Art, human rights, and threats from above

Art can present to people the dangers coming from above, like excessive surveillance, military attacks and climate change, which all threaten people's physical and mental well-being. Governments, however, also use art to legitimise new military and surveillance technologies. They often create seductive images which show the efficiency of these technologies, and they develop fiction related to pre-emptive measures which might try to predict and prevent crimes from occurring. In the last 20 years, especially after the 11 September terrorist attack, we have witnessed an essential change in the perception of human rights and reinterpretations of laws to allow pre-emptive strikes in the battle against terrorism. The concept of pre-crime, increased surveillance, and the belief that one can predict and prevent crimes have also altered the perceptions of subjectivity. While some critics regard human rights as obsolete or inefficient, political scientists like Claude Lefort have perceived them as always open to reinterpretation and expansion. People can invent new human rights. The increased threats from above require that we expand the existing rights corpus.

Algorithmic predictions and pre-emptive violence: artificial intelligence and the future of unmanned aerial systems

AbstractThe military rationale of a pre-emptive strike is predicated upon the calculation and anticipation of threat. The underlying principle of anticipation, or prediction, is foundational to the operative logic of AI. The deployment of predictive, algorithmically driven systems in unmanned aerial systems (UAS) would therefore appear to be all but inevitable. However, the fatal interlocking of martial paradigms of pre-emption and models of predictive analysis needs to be questioned insofar as the irreparable decisiveness of a pre-emptive military strike is often at odds with the probabilistic predictions of AI. The pursuit of a human right to protect communities from aerial threats needs to therefore consider the degree to which algorithmic auguries—often erroneous but nevertheless evident in the prophetic mechanisms that power autonomous aerial apparatuses—essentially authorise and further galvanise the long-standing martial strategy of pre-emption. In the context of unmanned aerial systems, this essay will outline how AI actualises and summons forth “threats” through (i) the propositional logic of algorithms (their inclination to yield actionable directives); (ii) the systematic training of neural networks (through habitually biased methods of data-labelling); and (iii) a systemic reliance on models of statistical analysis in the structural design of machine learning (which can and do produce so-called “hallucinations”). Through defining the deterministic intentionality, systematic biases and systemic dysfunction of algorithms, I will identify how individuals and communities—configured upon and erroneously flagged through the machinations of so-called “black box” instruments—are invariably exposed to the uncertainty (or brute certainty) of imminent death based on algorithmic projections of “threat”.

노년의 시간성과 자긍심의 정치적 가능성

This article sheds light on the marginalization of elderly characters in Wan-Seo Park's novels about old age, a phenomenon attributed to their illness and disability. The elderly characters find themselves ensnared in the normative time path, helplessly subjected to the violence of preemptive attack and alienation imposed upon them. On the other hand, some people recognize aging as a disease and disability and even embrace their identity as a person with a disability. This article analyzes the intersectionality of aging and disability and explore the potential for resistance among those who confront discriminatory violence through temporal and affective lenses.
 In 「Twilight」, an elderly character is referred to as “old man” in a preemptive manner that compels them to acknowledge his shameful existence. Through this, it was affirmed that life in old age is governed by the impact of existential power, which preemptively controls and manages society and culture as a whole. In contrast, the characters in 「Reunion of Evening」 and 「The Twilight at Dusk」 derive the strength to embrace themselves by means of positivity and pride in their own bodies. This study has found that the affirmation of the ‘sick body’ and appropriation of the sense of heterogeneity or queerness within the community can be a means of resisting the violence of healing.
 Wan-Seo Park's novel about aging attempts to challenge the dominant system that excludes the sick elderly body by redefining the female body. Moreover, the suggestion is put forth that when the elderly body is acknowledged as an entity with its own temporality, the perception of disability identity in old age can undergo a transformation.

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

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

Juridical Study of Article 43a in Amending Law Number 5 of 2018 Concerning Criminal Acts of Terrorism in Pre-Emptive Strike Policy

Finding out the effects of terrorist activities in Indonesia and the application of Law Number 5 of 2018 concerning Criminal activities of Terrorism Article 43A Against Strike Pre-Emptive Policies are the goals of the research. The research approach used is normative juridical, meaning that it is based on the primary legal literature and is carried out by looking at relevant laws, regulations, theories, and conceptions. Examining Law Number 5 of 2018 concerning Amendments to Law 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism is the goal of the study. The amendment to Article 43A, which inserts and reads in the framework of dealing with Criminal Acts of Terrorism, contains dangerous articles. It is unclear what is meant by countermeasures, every certain person, allegedly brought or placed and a certain place. These are the results of the discussion in Law Number 5 of 2018 concerning Amendments to Law 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism. None of these arrangements can be found in the current Indonesian criminal procedural law. The conclusion is that acts of terrorism have a significant impact on the community. They are not things, but rather frequent victims of Second Life. The preceding text makes it evident how many lives were lost in the blast. These fresh impacts originate from people's personal experiences. Acts of terrorism on a larger scale actually have an impact on many things, and that is a matter of life and death for people and the nation. This loss and threat can be explained from seven aspects/fields, namely defense and security, ideology, politics, economy, society, education, and religious relations. Related to article 43A regarding the prevention of Terrorism Crime, pre-emptive efforts are needed.

The collective security dilemma of preemptive strikes

Players who are targets of potential raids can sometimes preempt some of these raids and neutralize the raiders. These threatened players have different values to the attackers as raid targets, and they act independently of each other and sometimes sequentially. The order in which the threatened players make their neutralization decisions turns out to be critical to the number of raids and the resulting probability of being attacked. The lowest number of raids results when the threatened players act in ascending order of attractiveness as targets for preemptive strikes. The analysis characterizes game-theoretic equilibrium as a function of action sequencing. It also discusses variations in the game situation, such as if the same threatened player can make multiple preemptive strikes, or if threatened players all act simultaneously rather than in a sequential order. The results are relevant in many contexts, including cybercrime, military threats from revisionist states, international terrorism, sabotage among employees in firms and other organizations, and defense of corporations against hostile takeover attempts.

The Survival of Mobile Firepower: An Uncertain Factor in Taiwan's Asymmetrical Defense

executive summary: This article considers the strategic importance of mobile firepower for Taiwan's asymmetrical defense and analyzes the geostrategic threats to the survival of Taiwan's mobile surface-to-air missiles (SAMs) and standoff firepower. main argumentIn the face of China's military superiority, Taiwan has adopted an asymmetrical approach to its defense that relies significantly on mobile SAMs and standoff firepower to deny People's Liberation Army (PLA) platforms, such as transport aircraft and landing ships, access to the island. Mobility presents a tactical advantage for Taiwan, as it renders Chinese surveillance more difficult. However, Taiwan's mobile units could be constrained or rendered immobile given the geographic environment in Taiwan, especially in urban regions like the Taipei metropolitan area. At the outbreak of a potential war with China, Taiwan's mobile units could face preemptive strikes, and concealing the deployed units for an indeterminate time while awaiting a PLA invasion would also be challenging. The amount of mobile firepower that Taipei can retain after PLA attacks may determine whether Beijing's invasion is successful, but with a narrow margin for losses and an incomplete buildup, Taiwan's mobile firepower may nevertheless not be adequate to redress the island's military inferiority. To consolidate the status quo in the strait, Taipei should strengthen its mobile firepower and Washington should offer critical support. policy implications • Although there is no clear minimum level of firepower that Taipei would need to retain in an attack scenario, the current margin is narrow. If the PLA efficiently neutralizes Taiwan's mobile units, Taiwan's asymmetrical defense would be significantly undermined or even fail. • Moving and hiding mobile units around Taiwan could be challenging, given that suitable routes in urban and mountainous areas are predictable and could be cut off. To thwart a potential PLA invasion, the mobile units would also need to be hidden for an indeterminate period, which could be difficult. The necessity of defending Taipei would further reduce the tactical flexibility of the mobile units. • China has various surveillance and attack means that could be used to neutralize Taiwan's mobile units and defensive means to lower the threat from mobile firepower. The efficacy of these measures and the extent to which Beijing could concentrate them for this mission is uncertain. • Third parties, particularly the U.S., are crucial in strengthening Taiwan's mobile firepower, especially in terms of quantity and evaluation.

Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature based on UK Intellectual Property Law

Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The WTO is a committee responsible for advocating business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries, promoting the monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections, resulting in immersion of their “new” product as a work of art, making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience. This intergovernmental task force is vital to implement constitutional laws comparable to other countries. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience. Thus, inventions should be made affordable for public access.

The Manifestations of Using Force in Preemptive War

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the second is about the role of the .United Nations in such wars

Shepard’s Validation of Antitrust Relief Framework on Patent Infringement of Novartis’ Cancer Drug Using Genomic Architectures of Legal Literature Based on UK Intellectual Property Law

Purpose: Comparative law is designed for alignment of constitutional law with other countries advocating public welfare and safety. The United States has an Intellectual Property provision under U.S. Fair Clause using their constitution as pre-emptive doctrine. The aim of this paper is to evaluate the applicability of UK Intellectual Property Law based on their complexed policies on Artificial Intelligence. Hence, it leads to problem statements questioning: (1) the eligibility of matters of facts did not meet UK IP Law; (2) the standard for evidence towards invention using Artificial Intelligence does not conform with UK IP Law; (3) Liability in AI patent infringement is not subsistent in UK IP Law; and (4) AI’s compliance is not subject for responsibility under creativity and non-obviousness criteria.
 Methodology: The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement promotes the public welfare and safety under constitutional laws. India, as a member, is obliged to comply with the standard of evidence in patentability under World Trade Organization (WTO). The study employs comparative contextual assessment using Novartis’ case as trial proceedings for disclosing theoretical framework vital to socio-legal integration of WTO principles.
 Findings: The World Trade Organization is a committee responsible to advocate business law. Invention for marketability of patent product has its own complexed policy to comply for acceptance of an Intellectual Property creation. Constitutional law is designed to be made comparable with other countries promoting monetary success of their nation exhibiting economic progress in industrial and technological advancements. Hence, authorless works marking artificial intelligence towards public health and safety must be done in lack of any dedication to human connections resulting to immersion of their “new” product as a work of an art making non-obviousness skills to people as part of common logic and interests, hence, a product of convenience.
 Recommendations: WTO is an intergovernmental task force important to implement constitutional laws comparable to other countries resulting to theory integration of socio-legal aspects based on trade-related principles. Hence, the advocacy of business ethics is a highly acknowledged means of making the lives of people to be technologically advanced with convenience, thus, inventions should be made affordable for public access.

Shadow regionalism in immigration enforcement during COVID-19

Abstract Stark variations exist in U.S. immigration enforcement. These variations have persisted even during the COVID-19 pandemic, when special measures that should have constrained variations were in place. This Article argues that variations in discretionary enforcement decisions based on resistance to national policies, bias, illegal tactics, or arbitrariness are unjust and should be curtailed. The Article first distinguishes between transparent sources of variation in immigration law and variations that stem from non-transparent, discretionary determinations. Within the category of discretionary determinations, the Article argues that there are just and unjust variations. It contends that unjust variations raise serious constitutional concerns, weaken preemption doctrine, and require us to reconceptualize the immigration federalism debate to account for cooperative and uncooperative behavior within the federal government itself. Finally, the Article offers solutions to help limit unjust variations.

When strength is a weakness.

In general, individuals with low levels of coercive power are at greater risk of victimization than those who are more powerful. However, in some circumstances, superior coercive power increases an individual's vulnerability. In this paper, I show how coercive power can increase vulnerability (offsetting its protective effect) by its effects on targeting and tactics. Individuals with greater coercive power can increase their risk of getting targeted because they tend to be less vigilant and more likely to behave in ways that provoke others. They generate more grievances and have more enemies because they are less compliant and more verbally aggressive and confrontational. Powerful parties are also at greater risk of being targeted by adversaries seeking to gain status. An attack on a strong adversary is more likely to enhance status than an attack on a weaker adversary since it is a greater achievement. Individuals with coercive power are also at greater risk because of the tactics used by their weaker adversaries. Weaker parties are more likely to engage in pre-emptive attack and use weapons. They are better able to attract and rely on allies because of the norm of social responsibility, that is, the tendency to protect those in need. Finally, they are more likely to attempt to kill more power adversaries in order to incapacitate them and, thereby, avoid retaliation.

Preemptive strikes or not: the role of emotion on intergroup defensive aggression

Preemptive strikes or not: the role of emotion on intergroup defensive aggression

Near-catastrophic victory: disregarded lessons from the six-day war

ABSTRACT The Israeli’s lightning quick victory of June 1967, in the Six Day War, obscured serious deficiencies in Israel’s military strategy. The Israeli Air Force’s (IAF) dependence on a preemptive strike had cost Israel an essential ally and military arms supplier in France. The false assumption that political support would again be forthcoming for a pre-emptive strike was exposed six years later, in the Yom Kippur War. The U.S. military would take lessons from the Yom Kippur War on the lethality of modern battle but observations of the changing character of modern warfare were available in the Six-Day War.