To Strike or not to Strike : Assessing the Legality of a Potential Strike against Iran’s Nuclear Facilities

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1830-7728
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EUI MWP; 2008/30
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HOFMEISTER, Hannes, To Strike or not to Strike : Assessing the Legality of a Potential Strike against Iran’s Nuclear Facilities, EUI MWP, 2008/30 - https://hdl.handle.net/1814/9109
Abstract
This working paper deals with a highly topical issue in public international law:
the legality of a preemptive military strike against Iran’s nuclear facilities. It analyses
whether such a strike would violate the prohibition on the use of force, focussing in
particular on the controversial issue of whether so-called ‘surgical strikes’ are covered
by this prohibition. It then examines possible justifications, such as authorisation by the
Security Council and self-defence. Finally, it critically evaluates alternative approaches
to extend the right of self-defence, such as the Bush doctrine of preemptive strikes, that
might legitimise such action.
19/09/2008: Full text removed
19/09/2008: Full text removed