After the World War II, the Prohibition of using the
Force’s Principle was established in international law as Jus Cogens and
then equal to Charter’s contents, the states were forced to disregard
the use of force in all forms. However, some exceptions were looked
among charter’s articles that on the basis of them, the states could
enjoy using force’s right in these cases. One of these instances was
“Self-Defense” that on the basis of which, when there was an attack on
the states, they had the right to use the force for the abatement of
aggression and self-defense.
Meanwhile, one of the strategies formed in Cold War
Era, was the Strategy of Preemptive War (Defense). On the basis of
special commentary of Charter’s Article 51 that some states performed,
this strategy was used. The incidence of 11 September Accident was a
turning point that caused this strategy to be brought forth for
discussion in an international level. Also, this accident paved the way
for the White House authorities to use this strategy to legalize their
Afghanistan & Iraq military invasions.
Therefore, in this study, an effort has been made to
explain the Preemptive War Strategy theoretically, appraising the
legitimacy of this war through the international law and its effect or
influences on the international relations.