The National Security Strategy Under the United Nations and International Law
Abstract
In response to an international order of growing terrorism trans-national crime "rogue" and "failed" states potentially armed with WMD and will to use them, the National Security Strategy has invoked an escalation of the right of self-defense as it prosecutes the Global War on Terrorism. Termed preemption, it is in fact a policy of preventive self-defense. The National Security Strategy policy of preventive self-defense has been generally condemned throughout the international arena and also within the U.S. However, this condemnation is not universal. This study will show that a significant amount of validity can be conferred on the National Security Strategy due to: (1) the failure of the UN to enforce its charter, essentially abandoning the purposes of the UN (2) the continued use and threat of use of preventive self-defense by many states and previous U.S. administrations (3) state practice (4) customary international law (5) the slowly changing body of international law that is responding to and inferring more significance due to the rise of transnational terrorists and WMD proliferation over state sovereignty.
Document Details
- Document Type
- Technical Report
- Publication Date
- Mar 19, 2004
- Accession Number
- ADA423785
Entities
People
- Steven L. Kenney
Organizations
- United States Army War College