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Israel Military Action to Prevent Iran From Developing a Nuclear Weapon Capacity - Essay Example

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This paper seeks to respond by providing legal advice to the Israeli government as to the legality of a military strike to prevent Iran developing a nuclear weapons capacity to the following factual circumstances.  This paper attempts to explore the idea of the possibility of using self-defense…
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Israel Military Action to Prevent Iran From Developing a Nuclear Weapon Capacity
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Download file to see previous pages Article 51 of the United Nations Charter preserves the right of nations to use military force in self-defense. The article says: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations until the Security Council has taken measures necessary to maintain international peace and security.”
The article clearly speaks of the inherent right of the individual member of the UN in case there is an armed attack that has occurred against it. Since Israel is a member of the UN then it may be inferred that it can use this part of the UN Charter to use military action in destroying any nuclear weapon that may be possessed by Iran that it may use against Israel. This, therefore, brings the question of what are the possibilities under the present theories where the taking of military action is possible.
When is Preemptive Strikes May Be Permitted in Response to the idea of Self Defence? Maggs discussed three views on pre-emptive strikes, where the first view does not permit the use of pre-emptive strike while the other two views permit the same. One of the views which allows pre-emptive strike, and which is within the ambit of Article 51 is the use military force to act upon or respond to an actual armed attack or in case of an “imminent” armed attack. Of course, the author was referring to the possibility of the US using the same but this could be used by Israel in case there are already enemy warships on the horizon, troops that have massed on the border. ...Download file to see next pagesRead More
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