Chapter 1 Introduction What are the issues of the day?
Iranian Hostage Crisis Rescue Mission
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Iranian Hostage Crisis Rescue MissionWhy did Secretary of State Vance oppose a rescue mission?What repercussions did Vance fear?Did Carter notify congress before the rescue?What did presidential counsel Cutler cite as authority for not requiring Congressional authority for such a rescue?Why was there no duty to notify Congress about the first stage of the rescue?What was Cutler's catch all response?The Hostage ActWhy did the United States Supreme Court decide that the Hostage Act did not apply?What is the citizenship issue?Why was taking hostages in reprisal left out of the Hostage Act?Do you think the president can do this anyway?How might the rescue power be a subset of the power to repel a sudden attack?Is the capture of American citizens by itself a sufficient legal predicate for exercise of any implied presidential rescue power?Why are the actions of local Navy commanders who are on the scene of attacks limited to: self-defense, ‘‘exercised only as a last resort, and then only to the extent which is absolutely necessary to accomplish the end required.’’The 1998 Attacks on Sudan and Afghanistan: Striking or Striking Back?What precipitated these attacks?Did Clinton notify Congress in advance of the attacks?What was the legal authority?Why self-defense?What does the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) say that was used to justify these attacks?Could this have been used post-911?Domestic PoliticsWhat was going on domestically?What is the Wag the Dog factor?What is the appropriations argument for congressional authorization of such actions?What caused Clinton to bomb Iraqi Intelligence Service Headquarters in Baghdad?Why is this a problem for legal justification?Why does exempting attacks on terrorists not undermine the purpose of the WPR?AssassinationsWhat does Executive Order No. 12,333 ban?What is the traditional definition of an assassination?Why is it a problem as public policy?Is it defined in war time against combatants?When can you kill civilians as well?What are examples of the US targeting civilian populations directly, rather than as collateral damage to military attacks?When are Assassinations OK?Is there a provision of the United Nations Charter that might shelter assassinations?Would Executive Order 12,333 ban killing al Qaeda members?Who about their bankers?Why might killing the bankers be really effective?When should we use assassinations?How do you get around Executive Order 12,333?Can this be done secretly?Chapter 11 - Collective Self-DefenseThe UNWhat was the League of Nations?How well did it work?What did the world's nations promise in Article 2(4) of the U.N. Charter?What is the political history of the UN?How was it regarded by conservatives before the Gulf War?Review the ArticlesARTICLE 39The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain and restore international peace and security.ARTICLE 40In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.ARTICLE 41The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.ARTICLE 42Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such actions may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.ARTICLE 431. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.ARTICLE 51Nothing in the present charter shall impair the inherent right of individual and collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. . . .Yüklə 0,76 Mb. Dostları ilə paylaş:
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