Q.8 Describe the concept of Pre-Emptive Self-Defense in the context of International Law and critically evaluate the legitimacy of US use of force against Iraq. (20) 2018

Pre-emptive self-defense is a concept in international law that refers to the use of force by a state in response to an imminent threat of attack, where the use of force is necessary to defend against that threat. The concept of pre-emptive self-defense is distinct from that of anticipatory self-defense, which refers to the use of force in response to a more distant and uncertain threat.

The legitimacy of the US use of force against Iraq in 2003 has been the subject of much debate and controversy. The US claimed that the invasion was justified on the grounds of pre-emptive self-defense, arguing that Iraq posed an imminent threat to US national security due to its possession of weapons of mass destruction (WMD).

However, this claim was widely disputed, both within the US and among the international community. Many argued that the evidence for Iraq’s possession of WMD was weak or non-existent, and that the US had exaggerated the threat in order to justify an invasion for other reasons, such as to secure access to Iraq’s oil reserves or to pursue broader geopolitical goals in the region.

Critics also argued that the US invasion of Iraq violated international law, which prohibits the use of force except in cases of self-defense or with the authorization of the United Nations Security Council. In the case of Iraq, the US did not have explicit authorization from the Security Council and its claims of pre-emptive self-defense were widely disputed.

Overall, while the concept of pre-emptive self-defense is recognized in international law, its legitimacy in any given case depends on a careful assessment of the specific threat and the necessity of using force to respond to it. In the case of the US invasion of Iraq, the legitimacy of the claim of pre-emptive self-defense was widely disputed and remains a subject of controversy and debate.