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

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