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Evidence as an Issue in International Legal Practice

Published online by Cambridge University Press:  28 February 2017

Marie Jacobsson
Affiliation:
Swedish Foreign Ministry

Abstract

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Type
The Laws of Force and the Turn to Evidence
Copyright
Copyright © American Society of International Law 2006

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References

1 The situation is described in Theodore C. Sorensen, Kennedy 706-07 (1965). See also Chayes, Abram, The Cuban Missile Crisis: International Crisis and the Rule of Law 84-85 (1974)Google Scholar.

2 Powell also referred to human sources and indicated that he could not reveal everything he knew. Bob Woodward, Plan of Attack 307 ff. (2004). It was apparent to anyone who saw Powell’s performance that it was inspired by Stevenson’s move. Woodward describes the planning of the “performance” in his book.

3 The best description of the government’s legal analysis and handling of the U137 is written by Bo Johnson Theutenberg, the principal legal adviser on international law to the Swedish Ministry for Foreign Affairs. BO Johnson Theutenberg, International Law and National Security 431-81 (1986). The text is available only in Swedish.

4 There are two aspects: when the right to self-defense commences (the legal debate) and whether the situation of an imminent threat is at hand (the evidence aspect).

5 Oil Platforms (Iran v. U.S.), 2003 ICJ Rep. 161 (Nov. 6).

6 See e.g., Yusuf and Al Barakaat International Foundation v. Council and Commission, Case T-306/01 (Sept. 21, 2005).

7 International Commission on Intervention and State Sovereignty, The Responsibility to Protect (2001).

8 Crawford, James, The International Law Commission’s Articles on State Responsibility: Introduction, Text and Commentaries 124 (2002)Google Scholar.

9 Id. at 61.

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