4 Chi J Intl L 39
David Sloss

This Article discusses the legality under international law of preemptive attacks on nuclear facilities, and provides recommendations for addressing the problem of nuclear proliferation. The Article begins by briefly describing the technology employed in the production of weapons-grade nuclear material and the potential radiological effects of military attacks on nuclear production facilities. It then goes on to explain the policy underlying the use of military force to prevent states from constructing facilities that can be used to produce weapons-grade nuclear material, with a particular focus on the case of North Korea. The Article argues that targeted conventional strikes against nuclear production facilities, without Security Council authorization, would violate the United Nations Charter. In light of this, the Article concludes with a recommendation that the five permanent members of the Security Council adopt a common declaratory policy in support of preemptive attacks on nuclear facilities as an additional tool to help combat nuclear proliferation.