Contents - Constitutional Court of Georgia

170
Michael J. Glennon
in April l993. 133 The third involved the bombing of Iraq by U.S. and allied military operations during
the First Gulf War from January to February l99l. The bombing followed the occupation of
Kuwait by Iraqi forces and was authorized by the U.N. Security Council. 134 The United States was
joined by a number of allies.
The l989 invasion of Panama and the l983 invasion of Grenada by the United States also involved
bombardment; both constituted aggression under the SWGCA definition.
Finally, the U.S. bombing of North Vietnam during the Vietnam War, from August l964 through
l973, also constituted aggression according to this definition. Between the claimed attacks on U.S.
destroyers in the Gulf of Tonkin in August 2, l964, and the January 27, l973 ceasefire declared by
North Vietnam and the United States, the armed forces of the United States dropped 7,078,032
tons of bombs on targets in North Vietnam. 135
c. “Blockade” Under Paragraph 2(c)
Under paragraph 2(c), the “blockade of the ports or coasts of a State by the armed forces of another
State” amounts to aggression. The U.S. blockade of Cuba during the October l962 Cuban missile
crisis 136 (which President John F. Kennedy called a “quarantine”) constituted aggression under
this provision, as did the U.S. blockade of the Dominican Republic during the l965 invasion in which
some forty-one U.S. naval vessels participated.
d. Attack on Land, Sea, or Air Forces Under Paragraph 2(d)
Under paragraph 2(d), “[a]n attack by the armed forces of a State on the land, sea or air forces,
or marine and air fleets of another State” amounts to aggression. Many of the U.S. military actions
described above would have constituted aggression under this provision, including the U.S. use of
force against the armed forces of Iraq during the 2003 invasion, the Taliban during the 200l invasion
of Afghanistan, the armed forces of Iraq during the l99l invasion, the armed forces of Panama during
the l989 invasion, the armed forces of Grenada during the l983 invasion, and the armed forces of
North Vietnam during the Vietnam War.
133 Eric Schmitt, 16 of 23 Missiles Reportedly Hit Main Target, N.Y. TIMES, June 28, l993, at Al.
134 S.C. Res. 678, U.N. SCOR, 45th Sess., 2963d mtg., U.N. Doc. S/RES/678 (Nov. 29, 1990).
135 See generally PHILLIP P. DAVIDSON, VIETNAM AT WAR: THE HISTORY: l946-l975 (l99l); STANLEY KARNOW, VIETNAM: A HISTORY (l997).
136 See generally GRAHAM T. ALLISON & PHILIP ZELIKOW, ESSENCE OF DECISION: EXPLAINING THE CUBAN MISSILE CRISIS (l999).