PRE-EMPTIVE AND PREVENTIVE USE OF FORCE (Wyprzedzajace a prewencyjne uzycie sily)

• Authors: Marcinko Marcin
• Languages of publication: PL

Abstracts

EN

The concept of pre-emptive use of force and preventive use of force — though may sound similar and often used interchangeably, especially when linked with the right of self-defence — are not identical notions and require their scope to be defined very precisely. The above conceptions do provoke contentious debates and in truth are approached differently in the light of the international law, in particular in terms of their legality and legitimacy. However diverse they may be, the potential threats to which they refer are almost the same. Therefore, it is of utmost importance to define the legal framework for the above conceptions since it will allow creating a new approach towards the use of force as envisaged by the international law, and notably towards the global “war on terrorism” conducted by many countries since a number of cases is known when the above-cited conceptions were referred to as an aftermath of terrorist activity. Assessment of military actions carried out by various states within either preemptive or preventive operations must, however, take into account not only the letter of the law, whether treaty or customary, but also the previous practice of a given state in this respect, possible implications which an operation may produce, other available methods of settlement of a dispute, powers of international organizations as regards the maintenance and restoration of peace and security or a question of necessity and proportionality of means undertaken within such operations.

Keywords

EN

IUS AD BELLUM; PRE-EMPTIVE USE OF FORCE; PREVENTIVE USE OF FORCE; RIGHT TO SELF-DEFENCE

• Publisher: Akademia Marynarki Wojennej (Polish Naval Academy), Gdynia, Poland
• Journal: Międzynarodowe Prawo Humanitarne
• Year: 2010
• Volume: 1
• Pages: 43-61
• Document type: ARTICLE

Contributors

author

Marcinko Marcin

• no data

Identifiers

CEJSH db identifier

11PLAAAA08993