The Bush doctrine of
pre-emption is a misnomer.
A pre-emptive war is, you you say, a case where a nation face with the
imminent threat of attack of attack strikes before waiting to be attacked, that is a pre-emptive war. Under the UN charter, this is perfectly legal. No one should expect a nation's leadership to allow its people to be pulverized just to escape possible war crimes charges.
A preventive war in one in which a nation strikes in order to
prevent a threat from arising sometime in the distant future. This is a war crime on its face.
Ironically, going to war against Saddam to prevent him from obtaining a biochemical or nuclear arsenal (one of the fall backs the neocons have used since they found out he didn't actually have any) would have been a
preventive war. On the other hand, if Saddam had launched a missile attack on the US/British forces assembled on the Iraqi border in Kuwait and wiped them out, that would have been a
pre-emptive attack.
Here is an excerpt from
Mr. Bush's address to the graduating class at West Point on June 1, 2002
(emphasis added):
For much of the last century, America's defense relied on the Cold War doctrines of deterrence and containment. In some cases, those strategies still apply. But new threats also require new thinking. Deterrence -- the promise of massive retaliation against nations -- means nothing against shadowy terrorist networks with no nation or citizens to defend. Containment is not possible when unbalanced dictators with weapons of mass destruction can deliver those weapons on missiles or secretly provide them to terrorist allies.
We cannot defend America and our friends by hoping for the best. We cannot put our faith in the word of tyrants, who solemnly sign non-proliferation treaties, and then systemically break them. If we wait for threats to fully materialize, we will have waited too long.
Homeland defense and missile defense are part of stronger security, and they're essential priorities for America. Yet the war on terror will not be won on the defensive. We must take the battle to the enemy, disrupt his plans, and confront the worst threats before they emerge.
In the world we have entered, the only path to safety is the path of action. And this nation will act.
Our security will require the best intelligence, to reveal threats hidden in caves and growing in laboratories. Our security will require modernizing domestic agencies such as the FBI, so they're prepared to act, and act quickly, against danger. Our security will require transforming the military you will lead -- a military that must be ready to strike at a moment's notice in any dark corner of the world. And our security will require all Americans to be forward-looking and resolute, to be ready for preemptive action when necessary to defend our liberty and to defend our lives.
Okay. You tell me if he's talking about prevention or pre-emption.