Authentic preemptive war has legal sanction, while preventive war, because it is not based on imminent threat, is indistinguishable from outright aggression. Indeed, the precedent for preventive war goes back to the Nuremberg Tribunal of 1946 where lawyers for the Nazi defendants argued that the German government had a right to go to war in self-defense. These arguments were properly rejected as preposterous at the time, but they bear a striking resemblance to the arguments that neoconservatives in and around the Bush administration are making today. It was the twisted doctrine of preventive war that Nazi Germany invoked when it illegally invaded Poland and Czechoslovakia, which, in turn, led to World War II. The former Supreme Court Justice Robert Jackson, chief prosecutor at the first Nuremberg trial, said that waging this type of aggressive war was “the supreme international crime, differing only from other war crimes in that it contains within itself the accumulated evil of the whole. It is a crime against the peace.”
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