�� --

[ Show ]

Support VoyForums

[ Shrink ]

VoyForums Announcement: Programming and providing support for this service has been a labor of love since 1997. We are one of the few services online who values our users' privacy, and have never sold your information. We have even fought hard to defend your privacy in legal cases; however, we've done it with almost no financial support -- paying out of pocket to continue providing the service. Due to the issues imposed on us by advertisers, we also stopped hosting most ads on the forums many years ago. We hope you appreciate our efforts.

Show your support by donating any amount. (Note: We are still technically a for-profit company, so your contribution is not tax-deductible.) PayPal Acct: Feedback:

Donate to VoyForums (PayPal):

[ Login ] [ Contact Forum Admin ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1, 2, 3, 4, 5, 6, 7, 8, 9, [10] ]

[ Next Thread | Previous Thread | Next Message | Previous Message ]

Date Posted: 11:42:01 09/17/01 Mon
Author: ��
Subject: ��
In reply to: �� 's message, "�� " on 10:50:41 09/14/01 Fri

�� , �� . ��: �� , �� 1985 �., �� .

Addendum to ASIL Insight on Terrorist Attacks
By Gregory H. Fox
September 2001

I would like to add a short addendum to Professor Frederic Kirgis's very useful ASIL Insight on the terrorist attacks against the World Trade Center and Pentagon. President Bush has stated that in considering its response to these acts, the United States will make no distinction between perpetrators of the acts and the states that harbor them. As Professor Kirgis rightly points out, absent authorization by the Security Council, any armed reprisal by the United States against "harboring" states could only be justified as an act of self-defense. However, the UN Security Council appears to be on record as having rejected such a justification.

On October 1, 1985 Israeli planes bombed the headquarters of the Palestine Liberation Organization at Hammam-Plage, near Tunis, Tunisia. In explaining its action to the Security Council, Israel argued that the bombing was justified by Tunisia having knowingly harbored terrorists who had targeted Israel:

A country cannot claim the protection of sovereignty when it knowingly offers a piece of its territory for terrorist activity against other nations, and that is precisely what happened here. Tunisia knew very well what was going on in this extraterritorial base, the planning that took place there, the missions that were launched from it, and the purposes of those missions: repeated armed attacks against my country and against innocent civilians around the world. Tunisia, then, actually provided a base for murderous activity against another State and, in fact, the nationals of many States who are the objects and victims of this terrorist organization.

The protection of sovereignty cannot be claimed by any Government when it makes available such facilities, especially against the State that must protect itself.

UN Doc. S/PV.2615, at 86-7 (Oct. 4, 1985) (statement of Mr. Netanyahu).

The Security Council evidently rejected this claim and voted in Resolution 573 to condemn the Israeli action by a margin of 14-0, with the United States abstaining. The resolution condemned "vigorously the act of armed aggression perpetrated by Israel against Tunisian territory in flagrant violation of the Charter of the United Nations, international law and norms of conduct." It described the air raid as a "threat to peace and security in the Mediterranean region." The resolution further requested UN member states "to take measures to dissuade Israel from resorting to such acts against the sovereignty and territorial integrity of all States." Finally, it stated "Tunisia has the right to appropriate reparations as a result of the loss of human life and material damage."

Gregory H. Fox
Assistant Professor of Law
Chapman University School of Law

_________________________________
��
<a rel=nofollow target=_blank href="http://europa.ehu.unibel.by/grotius/">http://europa.ehu.unibel.by/grotius/</a>

[ Next Thread | Previous Thread | Next Message | Previous Message ]

Replies:

�� -- �� , 13:45:58 09/18/01 Tue

�� -- �� , 15:52:03 09/18/01 Tue