1. Fourteen Tomahawk cruise missiles were launched from the USS Peterson and the remaining nine from the USS Chancellorsville: Evans, “Clinton Opts For Tomahawk”. The Times (London), 28 June 1993, p.3.

2. Keesing's Record of World Events (1993), Vol. 39, no.6. p.39531.Google Scholar

3. Cockburn, , “Clinton Acclaims Iraq Strike”, Independent (London), 28 06 1993, p.1.Google Scholar

4. For a recent, comprehensive overview of the relations between these two States see Freedman, and Karsh, , The Gulf Conflict: 1990–1991 (2nd edn, 1994), pp.xxix–xlii.Google Scholar

5. Security Council Res.688. adopted on 5 Apr. 1991, expressed the Council's grave concern over the “repression of the Iraqi civilian population in many parts of Iraq, including most recently in Kurdish populated areas”.

6. Adleman, , “Humanitarian Intervention: The Case of the Kurds” (1992) 4 Int.J. Refugee L. 4Google Scholar; Greenwood, , “Is There a Right of Humanitarian Intervention?”, The World Today, 02. 1993. p.34 at pp.35–36.Google Scholar

7. Keesing's Record of World Events (1992), Vol.38, no.7–8. p.39068.Google Scholar

8. Idem, Vol.38, no.12, p.39247 (1992); Vol.39, no.1, p.39291 (1993).

9. Weller, , “Clearing the Fog In Iraq” (1993) 143 N.L.J. 136.Google Scholar

10. UN Doc.S/26003 (26 June 1993).

11. “Excerpts from UN Speech: The Case for Clinton's Strike”. New York Times, 28 06 1993, p.A5.Google Scholar

12. This is the manner in which President Clinton explained the missile attack in a televised broadcast: see US Responds to Attack by Iraqi Government: Address to the Nation, Washington DC, 26 June 1993: US Department of State Dispatch. 5 July 1993. This matter is now firmly on the international agenda; see Roberts, and Kingsbury, , “Introduction: The UN's Roles in International Society Since 1945”, in their (Eds), United Nations, Divided World (2nd edn, 1993), p.1, at p.29.Google Scholar

13. UN Doc.S/26004 (27 June 1993), p.2.

14. UN Doc.S/5657 (27 June 1993). This position was expressed by the representative of Cape Verde, speaking on behalf of Council members belonging to the group of non-aligned countries (comprising Cape Verde, Djibouti, Morocco, Pakistan and Venezuela). The Chinese representative took a very similar view.

15. Fletcher, and Macintyre, , “UN Accepts Clinton Evidence that Iraq Plotted to Kill Bush”, The Times (London), 29 06 1993, p.13.Google Scholar

16. Supra n.14.

17. “Arab Governments Critical”, New York Times, 28 06 1993, p.AS.Google Scholar For the response of the Muslim world generally, see Ibrahim, , “Islamic Nations See Double Standards in US Raid”, New York Times, 29 06 1993, p. A4.Google Scholar See also the comments of Crown Prince Hassan of Jordan (supra n.14) and the Sudanese Foreign Minister: Beeston, , “Muslim Nations Critical”, The Times (London), 28 06 1993, p.3.Google Scholar

18. Whitney, , “European Allies Are Giving Strong Backing to US Raid”, New York Times, 28 06 1993, p.AS (emphasis added).Google Scholar

19. Sherman, , “Labour Questions Legality of US Attack”. The Times (London), 28 06 1993, p. 1.Google Scholar It was the contention of the Leader of the Opposition, the late John Smith, that the missile strike “[did] not seem to fall directly under any United Nations authorisation and its justification in international law is highly questionable”.

20. HC Hansard, Vol.227, col.657.28 06 1993.Google Scholar

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23. Nicaragua, Idem, p.94, para. 176.

24. 29 B.F.S.P. 1137–38; 30 B.F.S.P. 195–196.

25. Nicaragua, , supra n.21, at p.94, para. 176 and p.103, para.194.Google Scholar See also Higgins, “The Legal Limits to the Use of Force by Sovereign Slates: United Nations Practice” (1961) 37 B.Y.I.L. 269,303.Google Scholar

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27. The prohibition on armed reprisals in modern international law was specified by G.A.Res.2625(XXV), supra n.21, a position which was taken to be a reflection of customary international law by the ICJ in Nicaragua, supra n.21. at p.101, para.191. Although see the views of Bowett, , “Reprisals Involving Recourse to Armed Force” (1972) 66 AJ.I.L. 1.Google Scholar

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30. Nicaragua, , supra n.21, at p.94, para.176.Google Scholar

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32. Supra n. 10.

33. Greenwood, . “International Law and the United States Air Operation Against Libya” (1987) 89 W. Virg. L.R. 933, 946.Google Scholar

34. Supra n.10.

35. Schachter, , “The Right of States to Use Armed Force” (1984) 82 Mich. L.R. 1620, 1638.Google Scholar

36. Dinstein, , War, Aggression and Self-Defence (2nd edn, 1994), p.216.Google Scholar

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38. Clift, et al. , “Seven Days”, Newsweek. 12 07 1993, p.20.Google Scholar

39. Jehl, , “US Says It Put Off Iraq Raid Until It Had Conclusive Proof”, New York Times, 29 06 1993, p.A1.Google Scholar

40. Yet for a suggestion that the FBI and the CIA had reached their conclusions in early June and that, therefore, the “immediacy” of the strike is open to question, see Turque, , “Striking Saddam”, Newsweek. 5 07 1993, p. 16.Google Scholar

41. For a discussion relating to overt/covert self-defence measures, as opposed to overt/coven provocative acts, which is what is under discussion here, see the dissenting opinion of Judge Schwebel in Nicaragua, supra n.21, at p.374, and the critique by Dinstein, op. cit. supra n.36, at pp.209–210.

42. Caroline case, supra n.24.

43. Supra n.10.

44. CNN Interview, 27 June 1993. Quoted in Reisman, , “The Raid on Baghdad: Some Reflections on its Lawfulness and Implications” (1994) 5 E.J.I.L. 120, 121.Google Scholar

45. Greenwood, loc. cit. supra n.33, makes a similar point in connection with the “proportionality” issue over the 1986 American air raid on Libya.

46. See the comment of General Colin Powell: “What we didn't want to do is go all over Baghdad blowing up headquarters and palaces and other targets that might result in a lot of civilian casualties.” Quoted in Cockburn, “Tomahawk Signals Limits of US Power”. Independent (London), 28 June 1993, p.8. Powell estimated that the missile strike could involve the loss of a dozen lives in the neighbourhoods surrounding the Iraqi intelligence headquarters: Clift et al., op. cit. supra n.38.

47. See e.g. the view of Sir David Hannay, the British Representative to the UN, who considered the strike a “proper and proportionate” response to the Iraqi sponsorship of a terrorist act: supra n.14.

48. Schachter, , op. cit. supra n.35, at p.1637.Google Scholar

49. Brownlie, . International Law and the Use of Force by States (1963), p.275: Simma (Ed.)CrossRefGoogle Scholar, The Charier of the United Nations: A Commentary (1994). p.676.Google Scholar

50. Bowett, . Self-Defence in International Law (1958). pp.187–193Google Scholar; Schwebel, , “Aggression, Intervention and Self Defence in Modern International Law” (1972–II) 136 Hag. Rec. 411. 479.Google Scholar

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53. Supra n.10.

54. In its most thoroughgoing analysis of the international law of self-defence to date, the ICJ chose not to deliberate on this matter in Nicaragua, supra n.21, at p.103. para.194. Any comment made would necessarily have been obiter. However, see the dissenting opinion of Judge Schwebel. loc. cit. supra n.41. in which he rejects the reading of Art.51 as if it were worded “if and only if” an armed attack occurs.

55. Cassese, loc. cit. supra n.51.

56. Cassese, , “The International Community's ‘Legal’ Response To Terrorism” (1989) 38 I.C.L.Q. 589, 597.Google Scholar

57. Idem, p.598.

58. Engagement in or sponsorship of terrorist acts violates a State's obligation to all States in international law: see G.A.Res.2625, supra n.21; O.A.Res.40/61(1985) and S.C.Res.579(1985).

59. Nicaragua, supra n.21, at p.103, para.195. Although see the dissenting opinion of Judge Jennings, who, at p.543. argued for a broader notion of “armed attack”. The narrowness of the ICJ's interpretation has been criticised by Hargrove, , “The Nicaragua Judgment and the Future of the Law of Force and Self-Defence” (1987) 81 A.J.I.L. 135.Google Scholar

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63. Ronzitti, , Rescuing Nationals Abroad Through Military Coercion and Intervention on Grounds of Humanity (1985) gives a valuable account of State practice in this area.Google Scholar

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65. US Constitution, Art.II, s.2.

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68. Egypt is reported to have considered “selective but aggressive” military action against Sudan for its alleged involvement in the failed assassination attempt on the life of President Hosni Mubarak in Ethiopia in June 1995: Sackur, and Huband, , “Egyptian Hardliners Call for Attack over Sudan Hit Squad”, Observer (London), 2 07 1995, p.14.Google Scholar

69. Dinstein, , op. cit. supra n.36, at pp.197–199.Google Scholar

70. This requirement is an innovative one, introduced by the conventional obligations of Charter law; it has yet to attract the force of customary international law: see Nicaragua, , supra n.21, at p.121, para.235. Examples of its observance in practice include the reporting of measures taken by the UK in self-defence in the Falklands, UN Doc.S/15025(1982) and by the US of its actions in Lebanon pursuant to its inherent right of self-defence, UN Doc.S/16197(1983).Google Scholar

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72. Supra n.10.

73. Higgins, , op. cit. supra n.25, at p.306.Google Scholar

74. Nicaragua, , supra n.21, at p.105, para.200.Google Scholar

75. Jennings, and Watts, , op. cit. supra n.61, at p.423, n.22.Google Scholar

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78. Nicaragua, , supra n.21, at p.98, para.186.Google Scholar

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80. Notably, the British government and the Russian Representative in the Security Council, Ambassador Voronstov, concurred with the legal justification for the strike: Idem, pp.22 and 23 respectively.

81. For a suggestion that this is the present state of the law, see Shaw, , International Law (3rd edn, 1991), p.728, although the precise circumstances in which the use of force may be used in self-defence in response to State-sponsored terrorism are not specified.Google Scholar

82. Higgins, , Problems and Prospects: International Law and How We Use It (1994), p.252.Google Scholar

83. Corfu Channel Case: United Kingdom v. Albania I.C.J.Rep. 1949, 4, 35.Google Scholar

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