The Validity of Anticipatory Strike as Self-Defense in War Based on International Law Perpsective

<p>The right of self-defense by a state is still questioned in International Law, especially regarding anticipatory strike. As happened on January 3^rd, 2020, when the United States took an action that killed Iranian Major General, Qassem Soleimani. The US explained that the action was an anticipatory strike, which is a form of right of self-defense and recognized by International Law in Article 51 of the UN Charter and the Caroline Test. The question is whether an anticipatory strike based on excessive suspicion is allowed by International Law? Besides, Article 51 of UN Charter does not explain whether a state has the right to self-defense before an attack occurs or it only applicable if the enemy already attack the state. The research aims to determine the validity of anticipatory strike as self-defense in International Law by considering the principles of self-defense, namely necessity, proportionality, and imminence. The research is a normative legal research which emphasizes that there are two types of anticipatory strikes, namely preventive strike and preemptive strike. The research contributes to provide a theoretical understanding of whether anticipatory strike meets the principles of self-defense and what type of attacks is allowed under International Law as a preventive measure.</p>