Preemptive Strike
A preemptive war is a war that is commenced in an attempt to repel or defeat a perceived imminent offensive or invasion, or to gain a strategic advantage in an impending (allegedly unavoidable) war shortly before that attack materializes. It is a war that preemptively 'breaks the peace' before an impending attack occurs.
Preemptive war is sometimes confused with preventive war: the difference is that a preventive war is launched to destroy the potential threat of the targeted party, when an attack by that party is not imminent or known to be planned. The U.S. Department of Defense defines a preventive war as an armed conflict "initiated in the belief that military conflict, while not imminent, is inevitable, and that to delay would involve greater risk." A preemptive war is launched in anticipation of immediate aggression by another party. Most contemporary scholarship equates preventive war with aggression, and therefore argues that it is illegitimate. The waging of a preemptive war has less stigma attached than does the waging of a preventive war.
Article 2 (4) of the UN Charter requires that states refrain from the initiation of armed conflict, that is being the first to 'break the peace' unless authorized by the UN Security Council as an enforcement action under Article 42. The UN Charter reads in Article 51 that: "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a member of the United Nations." Some scholars believe that the effect of Article 51 is only to preserve this right when an armed attack occurs. Most scholars view the "inherent right of collective or individual self-defense" in Article 51 as including preemptive, or anticipatory, self-defense, as recognized under customary international law and articulated in the Caroline test.
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