International law expert Tony Arend rounds up some commentary on the prospect of a possible US preemptive attack on North Korea and concludes:
First, as noted in earlier posts, most international legal scholars and state officials would argue that if preemptive force is lawful, it is so only when faced with the imminent threat of attack-- not the imminent threat of a test launch. Second, as my friend, colleague, and former arms negotiator, Doug Shaw, would note, the preemptive action suggested by Carter and Perry would play right into the North Korean's hands. They would then be able to point to a real attack against them by the United States military. And when this attack would be coupled with references to U.S. actions in Iraq, one can only imagine the further blow to American legitimacy and prestige.