예방적 자위권과 비공개적 공작에 대한 국제법적 평가― 이라크와 시리아의 원자로에 대한 이스라엘의 선제공격을 중심으로 ―

Like other nations, Israel has an inherent right of self-defence to defend itself from attacks or threats to its existence. Right of self-defense is confirmed and guaranteed by state practice and under international law. It is an exception to the prohibition of the use of force in Article 2(4) in the United Nations Charter. A major controversy over the legality or scope of self-defense concerns the right of anticipatory self-defense. The question of anticipatory self-defense is not just a matter for mere academic debate, but a practical matter of grave concern to us. As the advent of nuclear weapons caused indiscriminate suffering and destruction to mankind, it became meaningless for states to wait for actual armed attack occurs in exercising their rights of self-defense. It is claimed that states should exercise their right of anticipatory self-defense in an extreme circumstance of self-defense, in which their survival would be at stake. Israel’s attacks on Iraq’s Osirak reactor in 1981 and Syria’s Al Kibar reactor in 2007 are the typical cases of anticipatory self-defense. Two nuclear reactors that could have produced nuclear weapons fuel were completely destroyed by Israeli air strikes, respectively. Israel did not hesitate to launch covert actions against enemy states for a long time. Taking into account Israel’s practice relating to anticipatory self-defense and covert action, this paper addresses relevant legal issues. It includes legal regulations on the right of anticipatory self-defense, legality of covert action, changes in the concept of armed attacks, and their implications for the North Koran nuclear crisis.