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Iraqi sanctions & legal assessment

> Reply from Hugh:
> The nearest anyone got to a successful action through the instituions of
> international law was the case brought by Nicaragua to the International
> Court of Justice during the US blockade of that country; Nicaragua
> effectively won, but at that moment the Sandinista government fell and the
> question became obsolete.

Whoops, Hugh! The ICJ in Military and Paramilitary activities in
Nicaragua (1986) only ruled unlawful the US military activities against
Nicaragua, and its incitement to torture. In fact, it explicitly stated
that the US was fully authorisd to refrain from all trade with Nicaragua 
- fully within its rights as a sovereign state. No use for us here, as far
as sanctions go. By far the best place to look is the judgments of the ICJ
in the Lockerbie and Bosnia/Hercegovina cases, where the ICJ effectively
ruled that Security Council acts can be assessed for their compliance in
law. Also see the Tadic appeals court judgment in the International
Criminal Tribunal for the Former Yugoslavia, which concerned the review in
law of a security council resolution. Of course, these do not deal with
the legality of economic sanctions -- you'll have to draw on other
material here. If I remember correctly, there was some legal condemnation
from the UN Sub-Committee on the Protection of Minorities in August 1998
for the scope of economic sanctions on Iraq.
Best wishes, Glen.

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