Use of Force, and International Humanitarian Law

On the basis of an arrest warrant issued by a judge in Spain, British authorities are holding General Augusto Pinochet, the former head of state of Chile, on Spanish charges of crimes against humanity, including genocide and terrorism, that are alleged to have occurred during Pinochet's rule in Chile. It is anticipated that a request to extradite him to Spain will be forthcoming. 

 

On August 20, American cruise missiles struck targets in Afghanistan and Sudan. The target in Afghanistan was identified as an extensive terrorism training complex. U.S. officials said that the United States had convincing evidence that the organization of Osama Bin Laden was responsible for the bombings of U.S. embassies in Kenya and Tanzania on August 7, and that a meeting of members of an international terrorist network he supported was imminent at the Afghan site when the missile attack occurred.

 

Following the recent bombing and shelling of Grozny and other parts of Chechnya in an attempt to quell the resistance there to Russian authority, Russia has urged residents of Grozny to leave the city or face loss of life and property in Russia's "counter-terrorism operation." (New York Times translation of leaflets dropped on Grozny on December 6.) It has been reported that some civilian residents are too elderly, sick or injured to leave the city. The current Russian operation is aimed at defeating the remaining Chechnyan resistance forces in the city.

 

When the Yugoslav government refused to sign the American-drafted peace accord for Kosovo, and after repeated warnings to Yugoslavia, NATO forces have begun an aerial bombing campaign against Yugoslav military targets. The question arises whether international law permits the use of armed force against Yugoslavia under these circumstances. 

According to news reports, General Augusto Pinochet has been indicted in Chile on kidnapping charges arising out of the disappearance of 19 political opponents in the first months of his rule in Chile, which began in 1973.  In August 2000, the Chilean Supreme Court had removed his immunity from prosecution under Chilean law.