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POPSHistory: The Rebellion of 1837-38. 24. Nevertheless, the right of anticipatory self-defence is quite narrowly defined. Ever since the UK-US exchange in what has become known as the Caroline case in 1837-38, the right has been confined to instances where the threat of armed attack was imminent. In my opinion, that still reflects international law and, in so far as talk of a doctrine of "pre-emption" is intended to refer to a broader right to respond to threats which might materialise some time in the future, I believe that such a doctrine has no basis in law. ....from Memorandum by Professor Christopher Greenwood, CMG, QC on the THE LEGALITY OF USING FORCE AGAINST IRAQ
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