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The Policy of Preemptive War
Since the emergence of the modern nation-state, states have used preemptive military action as a means of national defense. However, debate continues over the conditions necessary to justify the use of preemptive force, and how such force ought to be applied.
Article 51 of the UN Charter outlines a state’s inherent right to self-defense against armed attack. This permits defensive action until the Security Council addresses the situation, but requires that such a defensive use of force be reported to the Security Council. With regard to anticipatory force exercised without the pre-approval of the Security Council, the UN Charter is still in the process of being interpreted.
Article 53 of the UN Charter permits regional security arrangements as long as they are consistent with the principles of the United Nations. Article 53 requires that enforcement actions taken under regional arrangements not be initiated without Security Council authorization.
The UN Security Council is authorized to use force even in the absence of an act of aggression and permits unilateral and non-UN multilateral acts of self-defense under certain constraints. The language of the UN Charter in Articles 39, 41, and 42 permits the use of a range of options, including economic sanctions and varying degrees of force in response to acts of aggression. This means that under the Charter, if authorized by the Security Council, force may be used against threats.
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