The Right to Preventive Self-Defense: A Threat to Collective Security?

Abstract

The concept of preventive self-defense has emerged as a contentious issue in international law, challenging the traditional framework established by the United Nations Charter. While Article 51 of the Charter recognizes the inherent right of states to self-defense in the event of an armed attack, the extension of this right to include anticipatory or preventive action—before an actual attack occurs—raises profound legal and ethical concerns. This paper critically examines whether the legitimization of preventive self-defense undermines the collective security system enshrined in the UN Charter. Drawing upon doctrinal analysis, jurisprudence from the International Court of Justice (ICJ), and state practice, the study explores the legal ambiguity surrounding the concept, its potential misuse by powerful states, and its implications for international peace and security. Ultimately, it argues that the normalization of preventive self-defense threatens to erode the prohibition of the use of force, weaken multilateral mechanisms, and destabilize the international legal order.