The Bush Doctrine - a carte blanche for a war on the world?

Abstract: The events on September 11, 2001, changed the view for many regarding the use of force. The US immediately engaged in a war against terrorism, and in an attempt to win this war and protect American citizens, President Bush and his administration used all means necessary. Thus, the Bush Doctrine came to be. This doctrine introduced a controversial view of the use of force. It would allow the US to attack another state, pre-emptively, if that state is considered to pose a possible threat to the US. In addition, this would not need the sanction of the Security Council or the support of the international community. This has caused a debate among international law experts and forced an examination of the established rules in international law. However, there is an existing right of anticipatory self-defence in international law, though very restricted. The question therefore, is if the pre-emptive self-defence also is permitted in international law. Can there be a right, approving one state attacking another, based on nothing but a possible future threat? In my thesis, I will examine the right of use of force in international law today. I will compare this to the US' National Security Strategy and their doctrine on pre-emptive self-defence. During the course of this examination, I conclude that the right of pre-emptive self-defence contradicts international law and international customary law today. The international community is far too divided in its opinion on pre-emptive self-defence to reach the conclusion that a new opinion juris has arisen on the subject. The doctrine of pre-emptive self-defence is also undesirable in international law because of the obvious risk of abuse. There is no way of controlling who or when the doctrine might be used as an excuse for engaging in a military attack. The US actions might serve as an incentive for other states to follow. In addition, a unilateral approach to international law ad the use of force threatens the role of the UN and the Security Council as the primary body responsible for maintaining international peace and security.