The Six-Day War and Israeli self-defense: questioning the legal basis for preventive war

2013 ◽  
Vol 50 (12) ◽  
pp. 50-7005-50-7005
Keyword(s):  
Legal Basis ◽  
Preventive War ◽  
Self Defense ◽  
Six Day War

scholarly journals Justifications of the Iraq War Examined

2008 ◽  
Vol 22 (1) ◽  
pp. 43-67 ◽  
Author(s):  
Richard B. Miller
Keyword(s):  
Law Enforcement ◽  
Iraq War ◽  
Moral Reasons ◽  
Bad Faith ◽  
Just Cause ◽  
Preventive War ◽  
Self Defense ◽  
Ex Post ◽  
Practical Implications ◽  
War Policy

This article examines three arguments according to which the Iraq war has been justified: preemptive or preventive self-defense, law enforcement, and humanitarian rescue. It concludes that for empirical and moral reasons, the Iraq war lacks a just cause. In the course of making that judgment, the article explores moral and practical implications of a preventive war policy. It also examines efforts to invoke one justification—rescue—retrospectively to justify the war. The article claims that such ex post justifications confuse the meaning of intention and, wittingly or unwittingly, allow leaders to authorize a resort to force in bad faith. Retrospective justifications also fail to understand that different burdens are attached to ad bellum rationales. That claim is premised on the idea that self-defensive wars join duty and interest in ways that wars of rescue do not. To assume that arguments can shift from self-defense to rescue, without recognizing that these entail different kinds of sacrifice, is to discount the respect due to those whose sacrifice is required. If altruistic policies are expected to be carried out by soldiers, stronger reasons than self-defensive purposes are necessary to justify the risks, reasons that avoid the allegation of leading in bad faith.

Preemptive Strikes—Israel and Iran

2012 ◽  
Vol 25 (2) ◽  
pp. 447-463 ◽  
Author(s):  
Tamar Meisels
Keyword(s):  
Political Theory ◽  
Just War ◽  
Just War Theory ◽  
Costs And Benefits ◽  
Nuclear Program ◽  
Military Action ◽  
Preventive War ◽  
Self Defense ◽  
The Us ◽  
Invasion Of Iraq

This essay looks at the contemporary just war theory literature on preventive war that has emerged largely in reaction to the US invasion of Iraq. Recent sanctions on Iran and the debate over its nuclear program now suggest the usefulness of a forward looking perspective on preventive strikes, rather than the retroactive analyses offered thus far primarily with reference to Iraq. With Iran closely in mind, I address the various arguments for and against preventive war indicating throughout that the various principled objections to early military action can be overcome in this case. Many of the crucial concrete questions regarding costs and benefits need to be settled in practice, rather than in the realm of political theory. Ultimately, the discussion suggests that Iran is a legitimate candidate for early military action aimed to prevent it from developing nuclear weapons. I argue that in principle, subject to credible intelligence information and requirements of proportionality, a unilateral Israeli strike against Iran will be justifiable, both morally and legally, as self-defense.

scholarly journals The Six-Day War of 1967: Folk Myths and “Battles of Historians”

2020 ◽  
pp. 57-61
Author(s):  
V.P. Rumyantsev
Keyword(s):  
Middle East ◽  
Arab World ◽  
Historical Memory ◽  
Arab Countries ◽  
Self Defense ◽  
East Region ◽  
Western Democracy ◽  
Six Day War ◽  
The One ◽  
Middle East Region

The article analyzes the role and influence of folk and historical myths on the process of forming the historical memory towards the Arab-Israeli war of 1967, which was one of the most significant events in international life in the Middle East. The disputes of historians about the causes, nature and consequences of this war create their own field of discussion. When the wars waged by the armies cease, other wars waged by historians begin. These wars are directly related to the creation of national identity and the formation of historical memory. The disputes of historians about the Six-Day War are actually not only about the past. They affect the present and future of the Middle East region and its chances for peace. On the one hand, some historians view Israel as a stronghold of the Western democracy surrounded by a hostile Arab world. Therefore they believe that the Israeli attack on Arab countries in 1967 was a justified act of self-defense. On the other hand, some historians believe that Arab-Israeli coexistence and cooperation are possible, so they are trying to prove that the war in 1967 could have been avoided by using the chances of a diplomatic resolution to the crisis. Those who tend to demonize the policy of the Russian Federation in the Middle East in the 21st century still see the insidious “hidden hand of Moscow” in the events occurred 50 years ago.

scholarly journals LEGAL BASIS FOR THE IMPLEMENTATION OF PERMITTING AND APPROVAL FUNCTIONS OF THE POLICE IN THE FIELD OF ECONOMY

2021 ◽  
Vol 77 (4) ◽  
pp. 12-22
Author(s):  
Sergiy Vitvitskyi ◽  
◽  
Antonina Bobkova ◽  
Andrii Zakharchenko ◽  
◽  
...  
Keyword(s):  
Economic Activity ◽  
Legal Basis ◽  
Road Transportation ◽  
Psychotropic Substances ◽  
Self Defense ◽  
Special Means ◽  
The Law ◽  
Traffic Organization ◽  
National Police ◽  
Narcotic Drugs

The article analyzes the state of legislation on the implementation of bodies and departments of the National Police permitting and approval functions in the field of economy. On the basis of the conducted research the following basic directions of improvement of a legal basis for realization by police of the specified functions are offered: 1) consolidation at the level of the Law of Ukraine "On the National Police" and the Regulation on the National Police of police powers to issue permits in the field of arms, special means of self-defense, ammunition, explosives, as well as permits for the use of facilities and premises carrying out activities on the circulation of narcotic drugs, psychotropic substances and precursors; 2) coordination of the list of paid services provided by the units of the National Police approved by the resolution of the Cabinet of Ministers of Ukraine with the provisions of special regulations on the types of permits issued by these units; 3) extension of the Law of Ukraine "On Permitting System in the Sphere of Economic Activity" to relations on issuing permits to economic entities for the handling of weapons, special means of self-defense, ammunition and explosives, as well as the development and adoption of a special law on the legal regime of weapons , special means of self-defense and ammunition with the enshrinement of the main provisions on the peculiarities of the issuance by the police of the above permits; 4) bringing in line with the Law of Ukraine "On the permitting system in the field of economic activity" special regulations governing the issuance by the police of permits to participate in traffic of vehicles whose weight or size parameters exceed the normative; approvals of routes of movement of vehicles during road transportation of dangerous goods; permits for the use of facilities and premises intended for activities related to the circulation of narcotic drugs, psychotropic substances and precursors; 5) filling the gaps in the legislation on the grounds and procedure for approval by police authorities of project documentation for the construction, reconstruction and repair of roads, streets and railway crossings, road service facilities, other road structures; construction of separate territories of settlements; general plans of individual buildings in settlements; projects of complex schemes of traffic organization and construction of urban electric transport lines; traffic organization schemes.

THE USE OF AUTONOMOUS WEAPON SYSTEMS IN ARMED CONFLICT : LEGALITY AND CHALLENGES FOR FUTURE WEAPON REGULATION

2019 ◽  
Vol 3 (2) ◽  
pp. 276-293
Author(s):  
Andreas Wilia ◽  
Diajeng Wulan Christianti
Keyword(s):  
Armed Conflict ◽  
International Humanitarian Law ◽  
Weapon System ◽  
Humanitarian Law ◽  
Legal Basis ◽  
Basic Principles ◽  
Life And Death ◽  
Weapon Systems ◽  
Ownership Transfer ◽  
Self Defense

AbstractAutonomous Weapon Systems (AWS) has been developed as an alternative weapon system in the battlefield. It has a fundamental difference with other weapons systems which lies in decision making carried out without human intervention. AWS is able to make decisions about life and death and it has been legally, morally and ethically challenged since it has potential to distract moral and ethical on the battlefield. However, as a smart weapon, it gives a significant advantage since it can be deployed in very dangerous areas for the purpose of self-defense in critical situations. This article argues that AWS is still a conventional weapon and cannot be absolutely prohibited even if it is deemed as a vulnerable and destructive weapon which potentially violates international humanitarian law (IHL). AWS is still fully compliant with IHL basic principles for as long as there is a sufficient legal basis that provides the limit and legality of the use of AWS. Accordingly, this article also suggests that the future AWS regulation should be followed by appropriate technical provision on the development, production, ownership, transfer and use in armed conflict.Keywords: Armed Conflict, Autonomous Weapon Systems, International Humanitarian Law, Weapon Regulation   AbstrakSistem Senjata Otonom (AWS) telah dikembangkan sebagai sistem senjata alternatif dalam pertempuran dan memiliki perbedaan fundamental dengan sistem senjata lain yaitu, keputusan yang diambil tanpa adanya intervensi manusia. AWS mampu untuk memutuskan hidup dan matinya target kombatan sehingga penggunaannya ditentang baik secara hukum, moral, dan etika karena berpotensi merusak moral dan etika dalam peperangan. Namun demikian, sebagai senjata modern, AWS memberikan keuntungan yang nyata mengingat AWS dapat ditempatkan di daerah yang berbahaya bagi manusia untuk alasan bela diri dalam situasi yang sangat sulit. Penelitian ini menyatakan bahwa AWS tetap merupakan senjata konvensional yang penggunaannya tidak dapat dilarang secara absolut sekalipun berpotensi menjadi senjata penghancur yang dapat melanggar hukum humaniter. AWS mampu untuk mematuhi prinsip-prinsip dasar hukum humaniter sepanjang pengaturan dan pembatasan penggunaannya diatur dalam instrumen hukum humaniter yang memadai yang hingga saat ini belum tersedia. Dengan demikian, penelitian ini menyarankan bahwa aturan AWS masa depan harus juga mencakup aturan-aturan teknis tentang pengembangan, pembuatan, kepemilikan, pengalihan serta penggunaan dari AWS dalam sengketa bersenjata. Kata Kunci: Aturan Senjata, Konflik Bersenjata, Hukum Humaniter Internasional, Sistem Senjata Otonom

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