从伊拉克战争看国际法上的预防性自卫

预防性自卫是指一国在受到武力攻击前所进行的先发制人的攻击，它与国际法上国家在“受到武力攻击时”才能进行自卫的规定是不相符的。但是核武器和恐怖主义等新情况的出现对“受到武力攻击时”才能进行自卫的理论提出了严重的挑战，预防性自卫在这种情况下却是合理的。因此，应该承认预防性自卫，同时为防止其被滥用，应该确立合法行使预防性自卫权的标准。

Anticipatory Self-defense in International Law from the Aspect of Iraq War

Anticipatory self-defense refers to defensive strikes conducted by a nation before an armed attack occurs against it, which is not in coincidence with the regulation on international law that a nation cannot invoke the right of self-defense until an armed attack occurs against it. However, the new condition such as the emergence of nuclear weapons and terrorism severely challenges the regulation, under which the anticipatory self-defense appears to be reasonable. Therefore, anticipatory self-defense right should be admitted partially and the standards for judging whether a behavior belongs to legal anticipatory self-defense should be established to avoid abuse.