先发制人的军事打击主义对建立新的国际法律条款的影响

SASI Pub Date : 2022-10-13 DOI:10.47268/sasi.v28i3.1031
Johanis Steny Franco Peilouw
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引用次数: 0

摘要

导言:根据国际法可以证明合理的干预措施之一是自卫。当发生武装攻击时,如果它是即时的、势不两立的情况,没有留下任何手段,没有任何考虑的时间,这是一个正当的自卫主张。研究目的:审查和分析先发制人军事打击理论对制定新的国际法律规定的努力的影响。研究方法:本研究采用规范的法学研究方法,使用法律资料,即一级法律资料、二级法律资料和三级法律资料。通过文献研究进行收集技术,然后采用定性方法进行分析。研究结果:今天一些国家的做法是为了预料到这种攻击,在预期自卫的背景下进行先发制人的军事打击,目的是在攻击发生之前进行自卫。预期自卫的做法已成为学术界的一项严肃讨论,即使在一些国家不断重复这种做法并承认其存在的情况下,它肯定会开创一个导致建立一项国际习惯法的先例。在联合国组织成立前后,一些国家采用了先发制人军事打击理论中适用的自卫预期措施。但是,尽管各国努力通过实践使其成为国际惯例,但这并没有树立法律先例。如果允许这种情况发生,它将在某种程度上成为习惯国际法。实施先发制人的军事打击将影响新的国际法条款的制定。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Effect of the Pre-emtive Military Strike Doctrine on Efforts to Establish New International Legal Provisions
Introduction: One of the interventional measures that can be justified under international law is self-defence. When there has been an armed attack, on the condition that it is instant, overwhelming situation, leaving no means, no moment of deliberation, that is a justifiable proposition for self-defence.Purposes of the Research: To examine and analyze the influence of the doctrine of pre-emtive military strike on efforts to establish new international legal provisions.Methods of the Research: This research uses normative juridical research methods with legal materials used, namely primary legal materials, secondary legal materials and tertiary legal materials. The collection technique is carried out through literature studies and then analyzed using qualitative methods.Results of the Research: The practice of some countries today in order to anticipate such an attack, pre-emtive military strikes are carried out in the context of anticipatory self-defense, with the aim of conducting self-defense before an attack occurs. The practice of anticipatory self-defence has become a serious conversation among academics, even when the act is practiced repeatedly continuously by a number of countries and recognized for its existence, it is certain to set a precedent that leads to the creation of an international customary law. Self-defence anticipatory measures applied in the doctrine of preemptive military strike have been adopted by several countries before and after the formation of the UN organization. But this has not set a legal precedent, despite efforts to make it an International custom through the practice of countries. If this is allowed to take place, it will at some point become customary international law. The application of the preemptive military strike will affect the establishment of new international law provisions.
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