
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. The justifications invoked by the United States 1. The justifications invoked by the United States
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2. Reactions to the strikes 2. Reactions to the strikes
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III. Questions of Legality III. Questions of Legality
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1. The legal qualification of the attacks: self-defence or reprisals? 1. The legal qualification of the attacks: self-defence or reprisals?
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2. The notion of pre-emptive forcible actions 2. The notion of pre-emptive forcible actions
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3. The role of unilateral assessment 3. The role of unilateral assessment
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IV. Conclusion: Precedential Value IV. Conclusion: Precedential Value
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44 The US Strikes in Sudan and Afghanistan—1998
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Published:May 2018
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Abstract
This Chapter focuses on the aerial strikes of the U.S. against Afghanistan and Sudan in 1998, in response to terrorist attacks against the U.S. embassies in Tanzania and in Kenya, attributed to Al Qaeda. The events and the reactions thereto are presented in the first two sections. The third section is devoted to the assessment of the legality of the US strikes. In particular, the authors will discuss the qualification of the strikes as a form of pre-emptive self-defence. The last section contextualises the 1998 strikes in an evolutionary perspective. In the authors’ view, these interventions have constituted a trial run for the doctrine of pre-emptive war, fully developed by the US Administration after the 9/11 terrorist attacks.
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