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Summary of Remarks by Ian Johnstone

Published online by Cambridge University Press:  28 February 2017

Ian Johnstone*
Affiliation:
Fletcher School of Law and Diplomacy, Tufts University

Abstract

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Type
Threats, Challenges, and Change: The Secretary-General's High-Level Panel
Copyright
Copyright ©American Society of International Law 2005

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References

5 Report of the High-Level Panel on Threats, Challenges, and Change, A More Secure World: Our Shared Responsibility, A/59/565 (1 December 2004) (hereinafter, A More Secure World).

6 In the Nicaragua case, the Court said about incursions into Honduras and Costa Rica: ‘ 'very little information is available to the Court as to the circumstances of these incursions or their possible motivations, which renders it difficult to decide whether they may be treated for legal purposes as amounting, singly or collectively, to an armed attack by Nicaragua ... ”(Military and Paramilitary Activities (Nicar. v. U.S.), 1986 ICJ Rep. 14, at ¶ 231 (June 27, 1986)). In the Iran Platforms case, the Court was addressing the U.S. claim that it was the subject of a “ series of unlawful armed attacks by Iranian forces ... including laying mines in international waters for the purpose of sinking or damaging U.S. flag ships, and firing on U.S. aircraft without provocation.” The Court ruled that, “ even taken cumulatively, the incidents did not constitute an armed attack against the U.S.,” implying that,on a different set of facts, a pattern of attacks might justify a response in self-defense, even if a single incident in the pattern does not. (Case Concerning Oil Platforms (Islamic Republic of Iran v. U.S.), 2003 ICJ Rep. 90, at ¶ 50 (Nov. 6, 2003))

7 Report of the Secretary-General, In Larger Freedom: Towards Development, Security and Human Rights for All, A/59/2005 (21 March 2005) (hereinafter, In Larger Freedom).

8 See, A More Secure World, supra note 1,¶ 204-207; and Id., ¶ 127.