Carnegie Council

People Topics

Text Size: A A

What's Wrong With Preventive War? The Moral and Legal Basis for the Use of Preventive Force [Abstract]

Ethics & International Affairs, Volume 19.3 (Fall 2005)

Whitley Kaufman

November 11, 2005

The question of the legitimacy of preventive war has been at the center of the debate about the proper response to terrorism and the legitimacy of the Iraq War. One side has argued that preventive war is a legitimate and necessary tool for nations to use in defense against terrorists; the other side has claimed that war is permissible only in self-defense, and that therefore the preventive use of military force is unjustified both legally and morally.

In this essay, Kaufman attempts to clarify the terms of the debate by demonstrating that neither side is precisely correct. Both under Just War Doctrine and common sense morality, preventive war is indeed justifiable, so long as it satisfies the basic requirements for going to war such as necessity and proportionality. However, under the current international law regime governed by the United Nations Charter, the use of preventive international force is restricted to the Security Council alone. Individual nation states are permitted to use international force only in self-defense. The rise of international terrorism does not by itself change this situation; preventive force against terrorist organization is permissible and appropriate, but it must be authorized by the Security Council in order to be legitimate. Only if the Council proved wholly ineffective in exercising its authority would the right to preventive war revert to individual nations. For all the shortcomings of the United Nations, however, he argues we have not reached a state of total breakdown of international authority sufficient to justify a return to the legitimacy of unilateral preventive war.

To read or purchase the full text of this article, click here.

blog comments powered by Disqus

About the Journal

The Carnegie Council's flagship publication, Ethics & International Affairs is an interdisciplinary resource for scholars, students, and policy analysts concerned with the moral dimensions of global issues. The journal covers global justice, civil society, democratization, international law, intervention, sanctions, and related topics.

Search the Journal

ETHICS & INTERNATIONAL AFFAIRS
25TH ANNIVERSARY

25 year anniversary EIA celebrates 25 years, 1987-2011

SUBSCRIPTIONS
To subscribe to Ethics & International Affairs, or to purchase individual issues and articles, please contact Cambridge University Press.

CALL FOR PAPERS
We are currently accepting submissions for upcoming issues of the journal. For more information, click here.

SUBMISSION GUIDELINES
For submission guidelines, click here.

RESPONSES
The Editors welcome responses to Features and Essays published in Ethics & International Affairs. To be considered for publication, responses should be no longer than one thousand words, including endnotes (which should be kept to a minimum). Responses are not peer-reviewed, and are published at the Editors' discretion. All responses are subject to editing for length and style. In the event of any questions or substantive editing, the response will be returned to the author for final approval prior to publication. Responses are published online, alongside the article they address.