2003Wyoming Law ReviewOpen access

Regulation of Preventive and Preemptive Force in the United Nations Charter: A Search for Original Intent

Timothy Kearley

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Abstract

We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries ....The greater the threat, the greater is the risk of inaction and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack.Id. (emphasis added).The recent Australian and Japanese statements concerning the preattack circumstances under which they might use force are shaded toward preemption.The

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We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries ....The greater the threat, the greater is the risk of inaction and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack.Id. (emphasis added).The recent Australian and Japanese statements concerning the preattack circumstances under which they might use force are shaded toward preemption.The

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We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries ....The greater the threat, the greater is the risk of inaction and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack.Id. (emphasis added).The recent Australian and Japanese statements concerning the preattack circumstances under which they might use force are shaded toward preemption.The

Key concepts: Charter, Political science, Public administration, Law, Business

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