Bush Doktrini ve askeri gücün önalıcı ve önleyici savaş kapsamında kullanılması

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Date

2011

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Publisher

Sosyal Bilimler Enstitüsü

Abstract

According to the realistic approach, struggling for power and interest among actors constitutes the essence of the international system. In this system, every single state naturally chases to have security at least in the sustainable level. For the goal of protecting international peace and security, UN system, composed after 1945, issued the prohibition on the use of force for all states in their international affairs apart from self-defense.Yet, after the Cold War, terrorism in the world causes new debates on the rules concerning power use to struggle against new threats such as expansion of rogue states and Weapons of Mass Destruction. In this respect, that terrorism concept is obliged to be adapted in the objective and ability frame of terrorist groups was revealed with Bush Doctrine at the top level. Here, the vital point is that Doctrine brings the right of preventive and preemptive action to USA against the organizations threatening its national interest.This kind of power use in defiance of International Law and usage and custom law deeply affects international system, law and norms order that UN system has been trying to build for over sixty years. In this frame, by determining use of power in study and view of international community so far for the subject matter within the newly regulations, legal and normative limitations of power use was created.Afterwards, although Bush Doctrine was analyzed, and a number of cases requiring use of preventive military activity happened, it was determined that the states rarely tried this kind of alternatives. In this context, it was deduced that when the states take the resolution of application for preventive military power, they have tendency to take the normative and legal issues into consideration at least in a certain level.

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Keywords

Bush Doktrini, askeri güç

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