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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Sean D. Murphy
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American Journal of International Law , Volume 93 , Issue 1 , January 1999 , pp. 161 - 194
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Copyright © American Society of International Law 1999

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References

1 Remarks on Departure for Washington, DC, from Martha’s Vineyard, Massachusetts, 34 Weekly Comp. Pres. Doc. 1642 (Aug. 20, 1998).

2 Address to the Nation on Military Action Against Terrorist Sites in Afghanistan and Sudan, id. at 1643.

3 Letter to Congressional Leaders Reporting on Military Action Against Terrorist Sites in Afghanistan and Sudan, id. at 1650 (Aug. 21, 1998).

4 Press Briefing on U.S. Strikes in Sudan and Afghanistan (Aug. 20, 1998) (released by the White House Press Office), available in (http://http://secretary.state.gov/www/statements/1998/980820.html). The U.S. law referred to by Mr. Berger contains a congressional finding that “the President should use all necessary means, including covert action and military force, to disrupt, dismande, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens.” Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, §324(4), 110 Stat. 1255 (codified at 22 U.S.C. §2377 notes (West Supp. 1998)).

5 James Risen, Bin Laden Was Target of Afghan Raid, U.S. Confirms, N.Y. Times, Nov. 14, 1998, at A3. Executive Order 12,333, provides: “No person employed by or on behalf of the United States Government shall engage in, or conspire to engage in, assassination.” Exec. Order No. 12,333, §2.11, 46 Fed. Reg. 59,941, 59,952 (1981).

6 Letter Dated 20 August 1998 from the Permanent Representative of the United States of America to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/780 (1998).

7 Steven Lee Myers, U.S. Says Raids Worked and May Stall Attacks, N.Y. Times, Aug. 22, 1998, at A1.

8 Vernon Loeb & Bradley Graham, Sudan Plant Was Probed Months Before Attack, Wash. Post, Sept. 1, 1998, at A14. See also James Risen, New Evidence Ties Sudanese to Bin Laden, U.S. Asserts, N.Y. Times, Oct. 4, 1998, at 11; Tim Weiner & James Risen, Decision to Strike Factory in Sudan Based on Surmise, N.Y. Times, Sept. 21, 1998, at A1.

9 Tim Weiner, Pentagon and C.I.A. Defend Sudan Missile Attack, N.Y. Times, Sept. 2, 1998, at A5.

10 Barbara Crossette et al., U.S. Says Iraq Aided Production of Chemical Weapons in Sudan, N.Y. Times, Aug. 25, 1998, at A1.

11 Karl Vick, Embassy in Uganda May Have Been a Target, Wash. Post, Oct. 6, 1998, at A18.

12 Letter Dated 21 August 1998 from the Permanent Representative of the Sudan to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/786, annex (1998); see also Letter Dated 24 August 1998 from the Permanent Representative of the Sudan to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/801 (1998); Letter Dated 23 August 1998 from the Permanent Representative of the Sudan to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/793 (1998); Letter Dated 22 August 1998 from the Permanent Representative of the Sudan to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/792 (1998).

13 See Karl Vick, Many in Sudan Dispute Plant’s Tie with Bomber, Wash. Post, Oct. 22, 1998, at A29; Tim Weiner & Steven Lee Myers, Flaws in U.S. Account Raise Questions on Strike in Sudan, N.Y. Times, Aug. 29, 1998, at A1.

14 Douglas Jehl, U.S. Raids Provoke Fury in Muslim World, N.Y. Times, Aug. 22, 1998, at A6; Michael Wine, Russia Is Critical, id.; Edmund L. Andrew, Backing in Europe, id.; Raymond Bonner, Muted Criticism and Marches in Pakistan, N.Y. Times, Aug. 22, 1998, at A7; Howard Schneider, Radical States Assail Act; Allies Muted, Wash. Post, Aug. 22,1998, at A15; Howard Schneider & Nora Boustany, A Barrage of Criticism in the Mideast, Wash. Post, Aug. 21, 1998, at A20.

15 Letter Dated 21 August 1998 from the Charge d’Affaires A.I. of the Permanent Mission of Kuwait to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/789 (1998).

16 William Drozdiak, European Allies Back U.S. Strikes: Japan Says It “Understands,“ Wash. Post, Aug. 21, 1998, at A20.

17 Barton Gellman & Dana Priest, U.S. Strikes Terrorist-Linked Sites in Afghanistan, Factory in Sudan, Wash. Post, Aug. 21, 1998, at A1.

18 Letter Dated 24 August 1998 from the Permanent Representative of Pakistan to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/794 (1998).

19 Letter Dated 21 August 1998 from the Permanent Representative of the Sudan to the United Nations, supra note 12, annex; Letter Dated 25 August 1998 from the Permanent Representative of Namibia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/802 (1998) (Group of African States request); Letter Dated 21 August 1998 from the Charge d’Affaires A.I. of the Permanent Mission of Qatar to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/790 (1998) (Group of Islamic States request); Letter Dated 21 August 1998 from the Charge d’Affaires A.I. of the Permanent Mission of Kuwait to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/791 (1998) (League of Arab States request).

20 SC Res. 1193 (Aug. 28, 1998).

21 Id., preamble & para. 15.

22 Michael Grunwald, 4 Followers of Bin Laden Indicted in Plot to Kill Americans, Wash. Post, Oct. 8, 1998, at A2; Benjamin Weiser, U.S. Says It Can Tie Bin Laden to Embassy Bombings, N.Y. Times, Oct. 8, 1998, at A3; David Johnston, Charges Against 2d Suspect Detail Trail of Terrorists, N.Y. Times, Aug. 29, 1998, at A4; Raymond Bonner, Tanzania Charges Two in Bombing of American Embassy, N.Y. Times, Sept. 22, 1998, at A6.

23 Indictment, United States v. Usama bin Laden, S(2) 98 Cr. 1023 (LBS) (S.D.N.Y. Nov. 4, 1998). Sec Karl Vick, Assault on a U.S. Embassy: A Plot Both Wide and Deep, Wash. Post, Nov. 23, 1998, at A1; Benjamin Weiser, Saudi Is Indicted in Bomb Attacks on U.S. Embassies, N.Y. Times, Nov. 5, 1998, at A1. Even prior to the embassy bombings, bin Laden was indicted under seal by a New York federal grand jury for violent acts directed against the United States and its nationals. Vernon Loeb, U.S. Jury Indicts Bin Laden on Terrorism Charges, Wash. Post, Aug. 25, 1998, at A11.

24 Michael Grunwald & Vernon Loeb, Charges Filed Against Bin Laden, Wash. Post, Nov. 5, 1998, at A17. Such rewards are provided for under §36 of the State Department Basic Authorities Act of 1956, 22 U.S.C. §2708, most recently amended by §2202 of the Foreign Affairs Reform and Restructuring Act of 1998, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105-277, 112 Stat. 2681 (1998), and Pub. L. No. 105-323, 112 Stat. 3029 (1998) (providing rewards for information leading to the arrest or conviction of any individual for the commission of an act, or conspiracy to commit an act, of international terrorism, narcotics-related offenses, or for serious violations of international humanitarian law relating to the former Yugoslavia, or for other purposes).

1 See generally Noel Malcolm, Kosovo: A Short History (1998); Tim Judah, Impasse in Kosovo, N.Y. Rev. Books, Oct. 8, 1998, at 4; Background: The Kosovo Crisis, Wash. Post, Oct. 11, 1998, at A39.

2 Report of the Secretary-General prepared pursuant to resolutions 1160 (1998) and 1199 (1998) of the Security Council, para. 7, UN Doc. S/1998/912 (1998). See also Reports of the Secretary-General prepared pursuant to resolution 1160 (1998) of the Security Council, UN Docs. S/1998/834 (1998), S/1998/712 (1998), and S/1998/608 (1998).

3 SC Res. 1199 (Sept. 23, 1998).

4 Jane Perlez, Massacres by Serbian Forces in 3 Kosovo Villages, N.Y. Times, Sept. 30, 1998, at A1; Jane Perlez, Another Kosovo Village, Burned Down by Serbs, N.Y. Times, Sept. 28, 1998, at A3.

5 Jane Perlez, Milosevic Says He Has Met NATO Demands on Kosovo, N.Y. Times, Oct. 8, 1998, at A14; R. Jeffrey Smith, Yugoslavia Trims Kosovo Presence, Wash. Post, Oct. 4, 1998, at A29.

6 Celestine Bohlen, Russia Vows to Block the U.N. From Backing Attack on Serbs, N.Y. Times, Oct. 7, 1998, at A8. On October 8, 1998, the United States announced that it would vote within NATO in favor of air strikes. Steven Lee Myers & Steven Erlanger, U.S. to Back NATO Military Action Against Serbs in Kosovo, N.Y. Times, Oct. 8, 1998, at A14.

7 See Statement to the Press by the Secretary General, NATO Press Release (Oct. 13, 1998), available in <http://http://www/nato/int/docu/speech/1998/s981013a.htm>. See also Roger Cohen, NATO Opens Way to Start Bombing in Serb Province, N.Y. Times, Oct. 13, 1998, at A1; William Drozdiak, NATO Approves Airstrikes on Yugoslavia, Wash. Post, Oct. 13, 1998, at A1.

8 William Drozdiak, U.S., European Allies Divided Over NATO’s Authority to Act, Wash. Post, Nov. 8, 1998, at A33.

9 Letter Dated 14 October 1998 from the Charge d’Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/953 (1998); Letter Dated 15 October 1998 from the Charge d’Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/955 (1998). See also Jane Perlez, Milosevic Accepts Kosovo Monitors, Averting Attack, N.Y. Times, Oct. 14, 1998, at A1.

10 Letter Dated 22 October 1998 from the Charge d’Affaires A.I. of the Permanent Mission of the United States of America to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/991 (1998).

11 Letter Dated 19 October 1998 from the Permanent Representative of Poland to the United Nations Addressed to the Secretary-General, UN Doc. S/1998/978; see also Letter Dated 26 October 1998 from the Permanent Representative of Poland Addressed to the President of the Security Council, UN Doc. S/1998/994.

12 SC Res. 1203 (Oct. 24, 1998). The vote was 13 in favor, with 2 abstentions (China and Russia).

13 William Drozdiak, NATO Extends Kosovo Deadline, Wash. Post, Oct. 17, 1998, at A16.

14 Steven Lee Myers, Serbian Pullouts Lead NATO to Lift Threat of Attack, N.Y. Times, Oct. 28, 1998, at A1.

15 R. Jeffrey Smith, A Turnaround in Kosovo: Rebels Bounce Back as NATO Threats Drive Army Out, Wash. Post, Nov. 18, 1998, at A1.

1 For further background, see Agora: Breard, 92 AJIL 666 (1998); International Decisions, 92 AJIL at 517 and 87; and Contemporary Practice of the United States, 92 AJIL at 243.

2 International Court of Justice Verbatim Record, Vienna Convention on Consular Relations (Para. v. U.S.), Hearing on Request for Provisional Measures, ICJ Doc. CR 98/7, at 25–26 (Apr. 7, 1998).

3 Id. at 31–32.

4 Vienna Convention on Consular Relations (Para. v. U.S.), Provisional Measures, 1998 ICJ Rep. 11 (Order of Apr. 9), reprinted in 37 ILM 810 (1998).

5 Letter from Madeleine K. Albright, U.S. Secretary of State, to James S. Gilmore III, Governor of Virginia (Apr. 13, 1998), partially reprinted in 92 AJIL 671–72 (1998).

6 Brief for the United States as Amicus Curiae at 46–51, Breard v. Greene, 118 S.Ct. 1352 (1998) (Nos. 97-1390, 97-8214) (footnote omitted).

7 Breard v. Greene, 118 S.Ct. 1352 (1998).

8 Commonwealth of Virginia, Office of the Governor, Press Office, Statement by Governor Jim Gilmore concerning the Execution of Angel Breard (Apr. 14, 1998), reprinted in 92 AJIL 674–75 (1998).

9 U.S. Dept. of State, Pub. No. 10518, Consular Notification and Access: Instructions for Federal, State, and Local Law Enforcement and Other Officials Regarding Foreign Nationals in the United States and the Rights of Consular Officials to Assist Them (1998).

1 Separately, several families of the victims of Pan Am Flight 103 have sued the Government of Libya for civil damages in U.S. courts. Rein v. Libya, 995 F.Supp. 325 (E.D.N.Y. 1998), aff’d, No. 98-7467 (2d Cir. Dec. 15, 1998) (denying defendants’ motion to dismiss action, in light of recent amendment to Foreign Sovereign Immunities Act creating exemption from immunity for states designated as sponsors of terrorism). See also Smith v. Libya, 886 F.Supp. 306 (E.D.N.Y. 1995), aff’d, 101 F.3d 239 (2d Cir. 1997), cert, denied, 117 S.Ct. 1569 (1997) (as part of initial effort of families to sue, finding no implied waiver of sovereign immunity by Libya).

2 SC Res. 731, UN SCOR, 47th Sess., Res. & Dec, at 51, UN Doc. S/INF/48 (1992); SC Res. 748, id. at 52; SC Res. 883, UN SCOR, 48th Sess., Res. & Dec, at 113, UN Doc S/INF/49 (1993).

3 Montreal Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, Sept. 23, 1971, 24 UST 564.

4 Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libya v. UK), Provisional Measures, 1992 ICJ Rep. 3 (Order of Apr. 14), and (Libya v. U.S.), Provisional Measures, 1992 ICJ Rep. 114 (Order of Apr. 14).

5 See Questions of Interpretation and Application of the 1971 Montreal Convention arising from the Aerial Incident at Lockerbie (Libya v. UK), Preliminary Objections (Judgment of Feb. 27, 1998), and (Libya v. U.S.), Preliminary Objections (Judgment of Feb. 27, 1998), reprinted in 37 ILM 587 (1998), and summarized in 92 AJIL 503 (1998).

6 See Steven Erlanger, U.S. to Ask Wider Libya Ban if Trial Is Refused, N.Y. Times, Aug. 25, 1998, at A9.

7 Letter Dated 24 August 1998 from the Acting Permanent Representatives of the United Kingdom of Great Britain and Nordrern Ireland and the United States of America to the United Nations Addressed to the Secretary-General, UN Doc. S/1998/795 (1998).

8 Vienna Convention on Diplomatic Relations, Apr. 18, 1961, 23 UST 3227, 500 UNTS 95.

9 Secretary of State Madeleine K. Albright, Statement on Venue for Trial of Pan Am #103 Bombing Suspects (Aug. 24, 1998), available in (http://http://secretary.state.gov/wvnv/statements/1998/980824a.html).

10 Secretary-General Says He is Pleased With United States/United Kingdom Decision on Trial of Libyan Lockerbie Bombing Suspects, UN Doc. SG/SM/6682 (1998).

11 Letter Dated 25 August 1998 from the Charge d’Affaires A.I. of the Permanent Mission of the Libyan Arab Jamahiriya to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/803 (1998).

12 SC Res. 1192 (Aug. 27, 1998).

13 See, e.g., Letter Dated 26 August 1998 from the Charge d’Affaires A.I. of the Permanent Mission of the Libyan Arab Jamahiriya to the United Nations Addressed to the President of the Security Council, UN Doc. S/1998/808 (1998); see also UN Doc. S/PV.3920, at 4 (1998).

14 See Libya Wary of Site Choice for Bombing Trial, Wash. Post, Sept. 21, 1998, at A16.

15 See John M. Goshko, Libya Adds Conditions for Pan Am Bombing Trial, Wash. Post, Sept. 30, 1998, at A20.

16 Libya: 3 Jailed in Lockerbie Bombing, N.Y. Times, Nov. 26, 1998, at A14.

17 Libyan Parliament Says Trial Deal Acceptable, Wash. Post, Dec. 16, 1998, at A37.

18 Barbara Crossette, 10 Years After Lockerbie, Still No Trial, N.Y. Times, Dec. 22, 1998, at A14.

19 Brooke Masters, Clinton Vows to Keep Pressure on Libya, Wash. Post, Dec. 22, 1998, at A3. On September 30, 1998, President Clinton authorized, pursuant to the Foreign Assistance Act of 1961, the use of approximately $8 million to support the establishment and functioning of the court in the Netherlands. Memorandum on Funding for the Court to Try Accused Perpetrators, of the Pan Am 103 Bombing, 34 Weekly Comp. Pres. Doc. 1939 (Sept. 30, 1998).

1 GA Res. 3237, UN GAOR, 29th Sess., Supp. No. 31, at 4, UN Doc. A/9631 (1974).

2 GA Res. 52/250 (July 7, 1998). The resolution was adopted by a vote of 124 in favor (including France, Germany, Japan, and the United Kingdom) to 4 against (Micronesia, the Marshall Islands, the United States, and Israel), with 10 countries abstaining. UN Doc. A/52/PV.89, at 5 (1998). See also Craig Turner, Palestinians Win Upgraded Status at U.N., L.A. Times, July 8, 1998, at A1.

3 UN Doc. A/52/PV.89, at 6–7 (1998).

4 Id. at 2.

5 James P. Rubin, U.S. Department of State Daily Press Briefing at 4–6 (July 7, 1998), available in (http://http://secretary.state.gov/www/briefings/9807/980707db.html).

6 Yasser Arafat Urges Pressure on Israel to Carry Out Existing Agreements As He Makes First Address in Assembly’s General Debate, UN Press Release GA/9456 (Sept. 28, 1998), available in (http://http://www.un.org/news/press/docs/1998/19980928.ga9456.html). See also Arafat, at U.N., Urges Backing for Statehood, N.Y. Times, Sept. 29, 1998, at A10.

1 See Bill Miller & John Mintz, Once-Supportive U.S. Fights Family Over Iranian Assets, Wash. Post, Sept. 27, 1998, at A8.

2 28 U.S.C. §§1330, 1602–1611 (1994). The amendment, made pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, §221,110 Stat. 1214, 1241 (1996), added 28 U.S.C. §1605(a)(7) and §1610(a)(7).

3 Flatow v. Islamic Republic of Iran, 999 F.Supp. 1 (D.D.C. 1998).

4 Statement of Interest of the United States at 6–17, Flatow v. Iran, 999 F.Supp. 1 (D.D.C. 1998) (Civil No. 97-396), reprinted in Mealey’s Int’l Arb. Rep., Aug. 1998, at B2, B2–B7 (footnote omitted).

5 The amendment is contained in §117 of the Treasury and General Government Appropriations Act of 1999, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105-277, 112 Stat. 2681 (1998).

6 Statement on Signing the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, 34 Weekly Comp. Pres. Doc. 2108, 2113 (Oct. 23, 1998).

1 For the text of the treaty, see UN Doc. A/CONF.183/9* (July 17, 1998), reprinted in 37 ILM 999 (1998), and available in (http://http://www.un.org/icc).

2 David J. Scheffer, Developments at the Rome Treaty Conference, U.S. Dept. State Dispatch, Aug. 1998, at 19, 20–22.

3 See The United States and the International Criminal Court, supra p. 12.

4 Annan Urges Countries to Sign International Court Statute, Agence France-Presse, Sept. 1, 1998, available in 1998 WL 16590114.

5 Letter from Sen. Jesse Helms to Secretary of State Madeleine K. Albright (Mar. 26, 1998) (on file with the U.S. Department of State, S/WCI).

6 Section 2502 of the Foreign Affairs Reform and Restructuring Act of 1998, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105-277, 112 Stat. 2681 (1998).

1 See David E. Sanger, Clinton Proposes I.M.F. Act Earlier to Prevent Crises, N.Y. Times, Oct. 3, 1998, at A1; Paul Blustein, U.S. Offers Plan to Aid Global Economy, Wash. Post, Oct. 3, 1998, at A1.

2 See David E. Sanger, Finance Ministers Agree to Explore Clinton I.M.F. Plan, N.Y. Times, Oct. 4, 1998, at 1; Paul Blustein, U.S. Aid Proposals Get G–7 Backing, Wash. Post, Oct. 4, 1998, at A1.

3 U.S. Treasury Secretary Robert E. Rubin, Statement to the IMF Interim Committee of the Board of Governors of the International Monetary Fund, Treas. Dept. Press Release No. RR–2737 (Oct. 4, 1998).

4 U.S. Treasury Secretary Robert E. Rubin, Statement at the 58th Development Committee of the World Bank and International Monetary Fund, Treas. Dept. Press Release No. RR–2738 (Oct. 5, 1998).

5 Paul Lewis, U.S. Said to Face Brunt of Economic Crisis, N.Y. Times, Oct. 9, 1998, at A8; Paul Blustein, IMF Plan Eases Burden for Stricken Nations, Wash. Post, Oct. 8, 1998, at A13; Paul Blustein, 22 Nations Plan Rules on Flow of Capital, Wash. Post, Oct. 6, 1998, at 1.

6 David E. Sanger, Meeting of World Finance Leaders Ends, With No Grand Strategy but Many Ideas, N.Y. Times, Oct. 8, 1998, at A6; Paul Blustein, IMF Chief Upbeat Even as Turmoil Continues, Wash. Post, Oct. 9, 1998, at A1.

7 Title VI of the Foreign Operations, Export Financing, and Related Programs Act of 1999, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. No. 105-277, 112 Stat. 2681 (1998).

1 U.S. Const. Art. I, §8.

2 Id., Art. II, §2.

3 Omnibus Trade and Competitiveness Act of 1988, Pub. L. No. 100-418, 102 Stat. 1107 (1988); Uruguay Round of Multilateral Trade Negotiations Act, Pub. L. No. 103-49, 107 Stat. 239 (1993) (the authority granted by the 1988 Act was extended in 1993 for an additional six months in order to complete the Uruguay Round of multilateral trade negotiations).

4 H.R. 2621, 105th Cong. (1997).

5 See Juliet Eilperin, House Defeats Fast-Track Trade Authority, Wash. Post, Sept. 26, 1998, at A10.

1 Joint Statement on the Exchange of Information on Missile Launches and Early Warning, Sept. 2, 1998, 34 Weekly Comp. Pres. Doc. 1694 (Sept. 2, 1998).

2 Press Briefing by Robert Bell, Special Assistant to the President for National Security Affairs; Ted Warner, Assistant Secretary of Defense for Policy, Strategy and Threat Reduction, Federal Document Clearing House Transcript, Sept. 1, 1998, available in LEXIS, News Library, FDCH File.

3 Id.

4 Id.