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Politics : Foreign Affairs Discussion Group
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To: FaultLine who started this subject1/19/2003 4:40:32 PM
From: Elsewhere  Read Replies (2) of 281500
 
American Society of International Law: Iraq invasion not justified

Just read an article in a German newspaper,

Erstschlag als Verteidigung
Völkerrechtler warnen vor Krieg ohne Mandat der UN
Tagesspiegel, January 20, 2003
archiv.tagesspiegel.de

It quotes Anne-Marie Slaughter, president of the American Society of International Law (ASIL). <http://www.asil.org/> The preemptive doctrine is not covered by international law. A non-authorized use of force would be a major setback and a threat to international security. In a brief scan of the ASIL Web site I couldn't find an English document with that position but here's a similar one:

The Myth of Preemptive Self-Defense
Mary Ellen O'Connell
Professor of Law, The Moritz College of Law and Associate of the Mershon Center for International Security and Public Policy, The Ohio State University
August 2002
asil.org

Conclusion: The international law of self-defense supports the American use of force in Afghanistan. After the devastating attacks of September 11, the United States had the right to defend itself against continuing terrorist attacks mounted from Afghan territory. The United States has no right, however, to invade another state because of speculative concerns about that state's possible future actions. The current international order does not support a special status for the United States or a singular right to exempt itself from the law. To maintain a legal order that restrains other states and to uphold the rule of law, the United States should continue its conservative commitment to limits on the unilateral use of force, and reject a reckless doctrine of preemptive self-defense.
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