Preemptive Self-Defense in International Law

Abstract

 Preemptive self-defense, meaning a state's military action in anticipation of an imminent threat, is a complex and contentious issue in international law that has gained significant importance with the rise of terrorist threats and increasing international tensions. While Article 51 of the United Nations Charter recognizes the inherent right of self-defense in response to armed attacks, it remains silent on the legitimacy of preemptive measures. This research, employing an analytical-comparative method, examines the legal, ethical, and political dimensions of preemptive self-defense and analyzes the conditions of its legitimacy. The findings of this study indicate that preemptive self-defense is justifiable only under limited and specific circumstances, including the existence of a genuine and imminent threat, adherence to the principles of necessity and proportionality, and the absence of alternative solutions. The inappropriate application of this doctrine can lead to the weakening of state sovereignty and the exacerbation of international instability. Consequently, this study emphasizes the necessity of developing comprehensive international frameworks and oversight mechanisms to prevent the misuse of this concept and to strengthen global peace and security.