CONTENTS
Preventive Confinement: A Catalog of Denials
Dual Systems of Criminal Justice: Retrospective and Preventive
The Development of a System of Preventive Justice
Some Tentative Historical Conclusions
CHAPTER 2: Preemptive Military Action: From Surgical Strike to All-Out War
“To Kill Him Who Is Making Ready to Kill”: Anticipatory Military Actions throughout History
Deterrence as the Alternative to Prevention
CHAPTER 3 Preemption and Nonpreemption in the Arab-Israeli Conflict—Its Relevance to U.S. Policy
To Preempt or Not to Preempt: A Comparison between the Six-Day and Yom Kippur Wars
The Rescue of Hostages at Entebbe
The Destruction of the Iraqi Nuclear Reactor in 1981
The Invasion of Lebanon in 1982
Summarizing the Israeli-Arab War Experience: A Swinging Pendulum of Preemption
CHAPTER 4 Preventive Measures against Terrorism
Preventive and Preemptive Actions against Terrorists
Preventive Detention of Potential Terrorists
Targeted Preemption of Terrorists
Preemption and Prevention of Biochemical Attacks
CHAPTER 5 Bush Doctrine on Preemption, the U.S. Attack against Iraq
The Prewar Debate over Prevention and Preemption
Whether to Announce a Doctrine of Preemption
Evaluating Decisions Relating to Iraq
CHAPTER 6 Would Preemptive Action against the Iranian Nuclear Program Be Justified?
CHAPTER 7 Toward a Jurisprudence of Prevention and Preemption
Some Preliminary Observations about Jurisprudence
The Limited but Important Role of Jurisprudence in International Relations
The Analogy between International Self-defense and Domestic Self-defense
The Analogy between Humanitarian Preemption and Anticipatory Self-defense
Absolute Prohibitions on Preemptive or Preventive Actions
Factors to Be Considered in Decisions to Engage in Preemptive and Preventive Military Action
How to Think about Inevitable Mistakes
Why a Jurisprudence of Preemption and Prevention Is Needed
Can a Comprehensive Jurisprudence of Prevention Be Developed?
APPENDIX A Preventive Disbarment: The Numbers Are against It