Notre Dame Law Review Volume 79 Issue 4 The Changing Laws of War: Do We Need a Article 7 New Legal Regime after September 11? 7-1-2004 The Duty to Defend Them: A Natural Law Justification for the Bush Doctrine of Preventive War William C. Bradford Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation William C. Bradford, The Duty to Defend Them: A Natural Law Justification for the Bush Doctrine of Preventive War, 79 Notre Dame L. Rev. 1365 (2004). Available at: http://scholarship.law.nd.edu/ndlr/vol79/iss4/7 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact
[email protected]. "THE DUTY TO DEFEND THEM":' A NATURAL LAW JUSTIFICATION FOR THE BUSH DOCTRINE OF PREVENTIVE WAR William C. Bradford* INTRODUCTION We cannot stand by and do nothing while dangers gather. 2 President George W. Bush The horrific events of September 11, 2001 heralded an Age of Terror 3 in which wicked malcreants bent on acquiring weapons of mass destruction 4 (WMD) will abjure all legal restraint 5 and deliber- * Assistant Professor of Law, Indiana University School of Law, Indianapolis; Articles Editor, Journal of National Security Law and Policy; U.S. Army, 1989-2001. I am indebted to colleagues who were gracious enough to review and comment upon earlier drafts, includingJeffAddicott, Lou Beres, Robert Chesney, Steve Dycus, Derek Jinks, Gerard Magliocca, Jordan Paust, Mike Ramsey, Lee Schinasi, Anne-Marie Slaughter, Jim Torke, Ruth Wedgwood, and George Wright.