The Case Caroline. A precedent of international self-defense?

Abstract

The part of the international doctrine, that argue for the existence of a right to preventive self-defense in the international law, invoke the case Caroline as his precedent. This article aims to show why this case is neither a precedent of preventive self-defense nor a precedent of self-defense. The conclusion is that the case Caroline is to be revaluate as a precedent of international necessity and not as one of self-defense, on the ground of the absence of a state as active subject, that execute an armed attack in the sense of the legal institution of the international self-defense.