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Questions of Fact and Evidence and the Laws of Force

Published online by Cambridge University Press:  28 February 2017

Dino Kritsiotis
Affiliation:
University of Nottingham University of Michigan Law School

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 Corfu Channel (UK v. Alb.), Merits, 1949 ICJ Rep. 4 (Apr. 9).

2 Oil Platforms (Iran v. U.S.), 2003 ICJ Rep. 161, 192, §64 (Nov. 6).

3 See Taft, William H. IV, Self-Defense and the Oil Platforms Decision , 38 Yale J. Int’l L. 395, 302-03 (2004)Google Scholar. Taft is equally tentative in his interpretation of this aspect of the Court’s ruling, noting that “ [t]he Court’s statements might be read to suggest that military attacks on a State or its vessels do not trigger a right of self-defense as long as the attacks are not aimed specifically at the particular State or its vessels but rather are carried out indiscriminately”) (emphasis supplied). Id. at 302.

4 Clyner, Adam, A Reprise of 1962, with Less Electricity, N.Y. Times, Feb. 6, 2003, at A17Google Scholar.

5 UN Doc. S/1998/780 (Aug. 20, 1998).

6 See Campbell, Leah M. Defending Against Terrorism: A Legal Analysis of the Decision to Strike Sudan and Afghanistan, 74 Tul. L. Rev. 1069, 1090 (2000)Google Scholar.

7 Case Concerning Armed Activities on the Territory of the Congo, Judgment (Dem. Rep. Congo v. Uganda) (Int’l Ct. Justice Dec. 19, 2005), 44 (§105).

8 The useful formulation of the Security Council in Resolution 1199 (Sept. 23, 1998).

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