By Alexander T.J. Lennon, Camille Eiss
In January 2002, President George W. Bush declared Iran, Iraq, and North Korea ingredients of an "axis of evil." US process towards every one of those international locations has truly different in view that, but related matters and coverage ideas have emerged for US relatives with all 3. Reshaping Rogue States seeks to enhance our figuring out of Iran, Iraq, and North Korea in addition to of present and destiny coverage ideas to wrestle the threats those international locations pose. The book's finished research of preemption and regime switch debates the conditions lower than which every coverage could be justified or criminal less than overseas legislation. favorite strategists and policymakers think of choices to preemption -- together with prevention, counterproliferation, and cooperative protection -- and draw conclusions from efforts to result in regime swap within the past.Reshaping Rogue States additionally reports the differing coverage demanding situations provided by means of each one so-called axis member. in particular, it considers how the us may strike a stability with North Korea via multilateral negotiations; the adjustments inside Iran that decision for adjustments in US coverage; and the dilemmas the us faces in post-Saddam Iraq, together with carrying on with insurgency, instability, and the feasibility of democracy.
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Additional info for Reshaping Rogue States: Preemption, Regime Change, and US Policy toward Iran, Iraq, and North Korea
John Foster Dulles, “The Challenge of Our Time: Peace with Justice,” American Bar Association Journal 38 (1953): 1066. 19. I want to thank my colleague Robert E. Cumby for suggesting this approach to me. 20. See Arend and Beck, International Law and the Use of Force, pp. 182–183. 21. A. Mark Weisburd, Use of Force: The Practice of States since World War II (Pennsylvania State Univ. Press, 1997), p. 315. 22. Michael Glennon, “The Fog of Law: Self Defense, Inherence and Incoherence in Article 51 of the United Nations Charter,” Harvard Journal of Law and Public Policy 25 (2002): 539, 554.
S. allies, on the other hand, would be likely to condemn such a seemingly brazen rejection of multilateralism and conceivably refuse to give the United States the kind of support it may need to continue the war against terrorism and promote order in the international system. So, what is to be done? Although I believe that the charter paradigm does not describe contemporary international law relating to the re- 34 Reshaping Rogue States International Law and the Preemptive Use of Military Force l course to force, I would recommend the following approach: First, the administration should accept as a matter of policy the notion that preemptive force in self-defense should only be undertaken unilaterally if the Caroline criterion of imminence was met.
As indicated above, most scholars addressing the current status of international law dealing with the preemptive use of force would argue that the law can be understood as being embodied in the UN Charter paradigm as modified slightly by customary international law. Hence, most scholars would conclude that the use of force is prohibited unless it has been authorized by the Security Council or is undertaken in selfdefense. Typically, scholars would claim that Articles 2(4) and 51 have to be read to allow for anticipatory self-defense as defined in Caroline, Reshaping Rogue States 31 l Arend and many would argue that certain other uses of force such as force to rescue nationals and humanitarian intervention would be lawful.