Self-defence in International Law - Imminent Threat

The imminent threat is a standard criterion in international law, developed by Daniel Webster as he litigated the Caroline affair, described as being "instant, overwhelming, and leaving no choice of means, and no moment for deliberation." The criteria are used in the international law justification of preemptive self-defense: self-defense without being physically attacked first (see Caroline test). This concept was introduced to compensate the strict, classical and inefficient definition of self-defense used by Article 51 of the Charter of the United Nations, which states that sovereign nations may fend of an armed attack until the Security Council has adopted measures under Chapter VII of the United Nations Charter.

The Caroline affair has been used to establish the principle of "anticipatory self-defense" and is also now invoked frequently in the course of the dispute around preemptive strike (or preemption doctrine).

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Famous quotes containing the words imminent and/or threat:

    It was almost two years ago, while awaiting the imminent birth of my second child, that I decided to start working part-time. This would have been unthinkable to me when I was younger. At twenty-five I should have worn a big red A on my chest; it would have stood for ambition, an ambition so brazen and burning that it would have reduced Hester Prynne’s transgression to pale pink.
    Anna Quindlen (20th century)

    Where do whites fit in the New Africa? Nowhere, I’m inclined to say ... and I do believe that it is true that even the gentlest and most westernised Africans would like the emotional idea of the continent entirely without the complication of the presence of the white man for a generation or two. But nowhere, as an answer for us whites, is in the same category as remarks like What’s the use of living? in the face of the threat of atomic radiation. We are living; we are in Africa.
    Nadine Gordimer (b. 1923)