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De la légalité et la légitimité de la «guerre préventive»

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Author(s): Richard Rousseau

Journal: Khazar Journal of Humanities and Social Sciences
ISSN 2223-2613

Volume: 14;
Issue: 4;
Start page: 5;
Date: 2012;
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Keywords: Self-defense | International law | United Nations Security Council | International relations | Geneva Convention | Rules of war

ABSTRACT
The right to self-defense is a central concept in international law and a fundamental principle in the system of states. It can be used only if the United Nations Security Council (UNSC) has not taken the necessary steps to maintain peace. Additionally,, a state which decides to exercise this right must keep the UNSC informed as to the measures it is implementing and the justification. However, most states seem to agree on the principles regulating the use of force in international relations, they frequently have different and sometimes divergent conceptions as to the meaning and the implications of the Genera Convention on Rules of War adopted in 1949. Consequently, the principles regulating the use of force are constantly being weakened by both conventional and customary international laws. State actors have therefore attempted to provide extensive interpretations of Article 51 of the United Nations Charter in order to broaden the normative content of the law on the use of force to suit their own polices. This article probes the legitimacy and legality of the notion of preemptive war based on contemporary interpretations of the right to self-defense.
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