Case Studies (Caroline and Nicaragua)

If you act with article 51 authority must still be

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Unformatted text preview: not time for deliberation action in self defense must always be proportional, can’t be excessive must be imminent. Still invoked today. You can always use force in ILAW if for self defense, but this is limited. o This pre- existing caroline criteria are not trumped by charter, but charter exists with these things still going. If you act with article 51 authority, must still be proportional. This comes out of customary law. • some scholars looked at invasion of iraq in 2003 and argued that reading prior security council resolutions allowed them to force saddam to comply. Not good examination of resolutions. Anticipatory attack argument? o Preemptive vs. preventive. Anticipatory and preemptive are the same. o US Position run up to invasion – (no intelligence to support connection between 9/11 and Saddam) but, world is getting more dangerous. (Saddam and al- qaida enemies, but still people worried about his support if get bomb) collective com...
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