Self-Defense by Any Other Name is Still Self-Defense

摘要

On 1 June 2002, President George W. Bush delivered the graduation speech at the United States Military Academy. In it he unveiled his administration's views regarding the pre-emptive use of force in response to imminent attacks against the United States and its citizens. On 17 September 2002, the Bush administration published its National Security Strategy for the United States of America that further elaborated on the doctrine of pre- emption. That document expressed the United States' official view on the doctrine stating: The United States has long maintained the option of pre- emptive actions to counter a sufficient threat to our national security. 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. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary act preemptively. In the ensuing months scholars and policy- makers have debated the legality of pre-emptive self-defense under international law. The discussion has generally been framed in terms that define pre-emptive self-defense as a novel extension of the inherent right of self-defense rather than one that has been invoked throughout history.