ABSTRACT

In the aftermath of 9/11, President George Bush declared that the US would act pre-emptively to fight the two major threats it faced: terrorism and rogue states.1

The decision to go to war against Iraq soon followed this declaration. Shortly after the intervention, US leaders were severely criticized both at home and abroad. The common assumption is that this new security policy-pre-emption, or perhaps more accurately prevention2-created turbulence at three different levels: in the domestic politics of Iraq; in American alliance relations; and in the larger international security order. International legal critiques were prominent both prior to and following the war; because the US was not under attack and because it acted unilaterally, it had violated the most basic international legal prohibitions concerning the use of military force.