
Contents
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I. Facts and Context I. Facts and Context
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II. The Positions of the Main Protagonists and the Reaction of Third States and International Organizations II. The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
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1. Positions of the main protagonists 1. Positions of the main protagonists
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2. Reaction of the international community 2. Reaction of the international community
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III. Questions of Legality III. Questions of Legality
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1. The right to invoke Article 51 1. The right to invoke Article 51
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(a) ‘Armed attack’ ratione materiae (a) ‘Armed attack’ ratione materiae
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(i) The relevant ‘self’ in ‘self-defence’ (i) The relevant ‘self’ in ‘self-defence’
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(ii) Sufficient gravity? (ii) Sufficient gravity?
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(iii) Questions of evidence (iii) Questions of evidence
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(b) ‘Armed attack’ ratione temporis (b) ‘Armed attack’ ratione temporis
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2. Legality of the response: necessity and proportionality 2. Legality of the response: necessity and proportionality
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(a) Necessity (a) Necessity
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(b) Proportionality (b) Proportionality
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IV. Conclusion: Precedential Value IV. Conclusion: Precedential Value
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42 The US Airstrike Against the Iraqi Intelligence Headquarters—1993
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Published:May 2018
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Abstract
This contribution analyses the normative implications of the US raid against the headquarters of the Iraqi Intelligence Service in 1993 in reaction to a foiled assassination attempt against former President Bush. It examines the legality of the operation, its precedential value and its evolutive potential regarding the regime on the ius contra bellum and specifically the right to self-defence. After dissecting the multiple contentious dimensions of the US claim of justification, the article concludes that the raid constituted an illegal ‘armed reprisal’. In light of observable state practice, its precedent-setting nature should not be overstated. However, albeit qualified as an ‘one-off incident’ the US raid did not leave the prohibition on the use of force and the contemporary discourse surrounding it untouched. Hence, it appears essential to demystify its frequently asserted evolutive potential particularly regarding the temporal limitations of Article 51 UN Charter to which this article is dedicated.
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