International Law Versus the Preemptive Use of Force: Racing to Confront the Specter of a Nuclear Iran

24 Pages Posted: 8 Mar 2012  

Roxana Vatanparast

International University College of Turin; University of Turin

Abstract

The United States claims that Iran's uranium enrichment program is for the purpose of creating nuclear weapons, and is thus in violation of the Treaty on the Non-proliferation of Nuclear Weapons. Although the question of whether Iran has, or will soon have, a nuclear weapon is still speculative, the U.S. is adamant that even if Iran does not currently have a nuclear weapon, it soon will, and all measures must be taken to prevent that from happening. This note analyzes whether the preemptive use of force in this context would meet traditional customary international law requirements as originally established in the Caroline Affair - namely, necessity and proportionality. This note also identifies the flaws in the preemptive use of force doctrine as a whole, as exemplified in its invocation before the Iraq War.

Keywords: International Law, Preemptive Use of Force, Iran, Nuclear Non-Proliferation Treaty

Suggested Citation

Vatanparast, Roxana, International Law Versus the Preemptive Use of Force: Racing to Confront the Specter of a Nuclear Iran. Hastings International and Comparative Law Review, Vol. 31, No. 2, p. 783, 2008. Available at SSRN: https://ssrn.com/abstract=2018070

Roxana Vatanparast (Contact Author)

International University College of Turin ( email )

Piazza Carlo Felice, 18
Turin, 10121
Italy

University of Turin ( email )

Via Po 53
Torino, Turin - Piedmont 10100
Italy

Paper statistics

Downloads
113
Rank
200,099
Abstract Views
729