Reply #85: Right. I understand that the Six Day War is not the best example but I was [View All]

[Hosnon]

in a rush and it was the first thing that came to mind. However, it does show the existence of a continuum...that there is no bright-line rule in Article 51. You characterize it as a first strike in an existing war and I agree with that assessment. The idea of justified "defense" under Article 51 is stretched along the continuum with the Six Day War being about as close to on end as possible without actual physical intrustion.

I don't think that the the U.S. invasion of Iraq fits along the continuum. However, the argument to justify the war based on the idea that it does is completely valid. It then becomes a question of whether or not the threat is imminent "enough." Again, I don't think it was.

I need to run again to eat lunch. I hope to be back later on today with more examples to show the existence of the range of actions that can, and have, legally been justified under Article 51 even though there was no physical armed attack.