Contemporary practice of the united states relating to international law

American Journal of International Law

Volumn 93, Issue 3, 1999, Pages 628-667

  Murphy, Sean D ^a  

^a NONE

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[No Author keywords available]

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EID: 0033274105     PISSN: 00029300     EISSN: None     Source Type: Journal    
DOI: 10.2307/2555264     Document Type: Article

References (241)

1. See 93 AJIL 167 (1999).
2. Elaine Sciolino & Ethan Bronner, How a President, Distracted by Scandal, Entered Balkan War, N.Y. TIMES, Apr. 18, 1999, at 1.
3. Guy Dinmore, Villagers Slaughtered in Kosovo 'Atrocity,' WASH. POST, Jan. 17, 1999, at A1; R. Jeffrey Smith, Serbs Tried to Cover Up Massacre, WASH. POST, Jan. 28, 1999, at A1. While the FRY claimed the individuals were Kosovo rebels, a Finnish forensic team that examined the bodies concluded that at least 40 of the individuals were unarmed civilians and that the attack constituted a crime against humanity.
4. Guy Dinmore, Villagers Slaughtered in Kosovo 'Atrocity,' WASH. POST, Jan. 17, 1999, at A1; R. Jeffrey Smith, Serbs Tried to Cover Up Massacre, WASH. POST, Jan. 28, 1999, at A1. While the FRY claimed the individuals were Kosovo rebels, a Finnish forensic team that examined the bodies concluded that at least 40 of the individuals were unarmed civilians and that the attack constituted a crime against humanity.
5. Carlotta Gall, Serbs' Killing of 40 Albanians Ruled a Crime Against Humanity, N.Y. TIMES, Mar. 18, 1999, at A11. For further information on the human rights situation in Kosovo in early 1999, see Report of the Secretary-General Prepared Pursuant to Resolutions 1160 (1998), 1199 (1998) and 1203 (1998), UN Doc. S/1999/293 (1999); Letter Dated 23 March 1999 from the Secretary-General Addressed to the President of the Security Council, UN Doc. S/1999/315 (1999) (conveying report of the Organisation for Security and Co-operation in Europe).
6. Dana Priest, Allies Balk At Bombing Yugoslavia: Europeans Want U.S. In Ground Force, WASH. POST, Jan. 23, 1999, at A1.
7. Barton Gellman, The Path to Crisis: How the United States and Its Allies Went to War, WASH. POST, Apr. 18, 1999, at A1 (describing how U.S. Secretary of State Albright's proposal for greater involvement gained currency within the U.S. Government after the Racak massacre).
8. Jane Perlez, U.S. Pushes Plan To End Fighting In Serb Province, N.Y. TIMES, Jan. 28, 1999, at A1. For the U.S. Government's position on the importance of Kosovo to the United States, see Madeleine K. Albright, The Importance of Kosovo, U.S. DEP'T ST. DISPATCH, Jan./Feb. 1999, at 4.
9. Jane Perlez, U.S. Pushes Plan To End Fighting In Serb Province, N.Y. TIMES, Jan. 28, 1999, at A1. For the U.S. Government's position on the importance of Kosovo to the United States, see Madeleine K. Albright, The Importance of Kosovo, U.S. DEP'T ST. DISPATCH, Jan./Feb. 1999, at 4.
10. Jane Perlez, Allies Call Kosovo Rivals To Peace Talks in France, N.Y. TIMES, Jan. 30, 1999, at A6; Craig R. Whitney, NATO Authorizes Kosimo Air Raids If Serbs Bar Talks, N.Y. TIMES, Jan. 31, 1999, at 1 ; Statement by the President of the Security Council, UN Doc. S/PRST/1999/5 (1999); Letter Dated 29 January 1999 from the Permanent Representative of the United Kingdom to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/96 (1999) (communicating the views of the "Contact Group" states); Letter Dated 1 February 1999 from the Chargé d'Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the Security Council, UN Doc. S/1999/107 (1999) (enclosing views of NATO communicated to the FRY). NATO ministers approved a second "activation order" on January 30, 1999, to prepare for the use of force.
11. Jane Perlez, Allies Call Kosovo Rivals To Peace Talks in France, N.Y. TIMES, Jan. 30, 1999, at A6; Craig R. Whitney, NATO Authorizes Kosimo Air Raids If Serbs Bar Talks, N.Y. TIMES, Jan. 31, 1999, at 1 ; Statement by the President of the Security Council, UN Doc. S/PRST/1999/5 (1999); Letter Dated 29 January 1999 from the Permanent Representative of the United Kingdom to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/96 (1999) (communicating the views of the "Contact Group" states); Letter Dated 1 February 1999 from the Chargé d'Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the Security Council, UN Doc. S/1999/107 (1999) (enclosing views of NATO communicated to the FRY). NATO ministers approved a second "activation order" on January 30, 1999, to prepare for the use of force.
12. James Bennet, Clinton Proposes Force for Kosovo, Cites U.S. Interest, N.Y. TIMES, Feb. 14, 1999, at 1.
13. The President's Radio Address, 35 WEEKLY COMP. PRES. Doc. 229 (Feb. 22, 1999); see also Charles Trueheart & John F. Harris, Clinton Warns of Airstrikes, WASH. POST, Feb. 20, 1999, at A1 (reporting on news conference of President Clinton and French President Jacques Chirac).
14. The President's Radio Address, 35 WEEKLY COMP. PRES. Doc. 229 (Feb. 22, 1999); see also Charles Trueheart & John F. Harris, Clinton Warns of Airstrikes, WASH. POST, Feb. 20, 1999, at A1 (reporting on news conference of President Clinton and French President Jacques Chirac).
15. Charles Trueheart & Dana Priest, Peace Talks Adjourn in Disarray, WASH. POST, Feb. 24, 1999, at A1.
16. Peter Finn, Belgrade Steps Up Offensive in Kosovo And at Peace Talks, WASH. POST, Mar. 17, 1999, at A21. For the FRY's position on the peace talks, see Letter Dated 7 March 1999 from the Charge d'Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/245(1999).
17. Craig R. Whitney, Talks on Kosovo Wind Up As Only the Albanians Sign, N.Y. TIMES, Mar. 19, 1999, at A8.
18. John M. Broder, Clinton Says Force is Needed to Halt Kosovo Bloodshed, N.Y. TIMES, Mar. 20, 1999, at A1; Bradley Graham, Serbs Warned of NATO Strikes, WASH. POST, Mar. 19, 1999, at A1.
19. John M. Broder, Clinton Says Force is Needed to Halt Kosovo Bloodshed, N.Y. TIMES, Mar. 20, 1999, at A1; Bradley Graham, Serbs Warned of NATO Strikes, WASH. POST, Mar. 19, 1999, at A1.
20. Peter Finn & R. Jeffrey Smith, Serbia Assaults Kosovo Villages, WASH. POST, Mar. 21, 1999, at A1.
21. Steven Erlanger, U.S. Issues Appeal to Serbs to Halt Attack in Kosovo, N.Y. TIMES, Mar. 23, 1999, at A1.
22. Jane Perlez, NATO Authorizes Bomb Strikes; Primakov, In Air, Skips U.S. Visit, N.Y. TIMES, Mar. 24, 1999, at A1.
23. Address to the Nation on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. DOC. 516, 516-17 (Mar. 29, 1999); see also William Jefferson Clinton, A Just and Necessary War, N.Y. TIMES, May 23, 1999, at WK17.
24. Address to the Nation on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. DOC. 516, 516-17 (Mar. 29, 1999); see also William Jefferson Clinton, A Just and Necessary War, N.Y. TIMES, May 23, 1999, at WK17.
25. For NATO's press statement at the time of the October "activation order, see Statement to the Press by the Secretary General Following Decision on the ACTORD (Oct. 13, 1998), available in . For differing views of NATO's members, see William Drozdiak, U.S., European Allies Divided Over NATO's Authority to Act, WASH. POST, Nov. 8, 1998, at A1; Bradley Graham & William Drozdiak, Much Misgivings About NATO Airstrikes, WASH. POST, Oct. 7, 1998, at A1.
26. For NATO's press statement at the time of the October "activation order, see Statement to the Press by the Secretary General Following Decision on the ACTORD (Oct. 13, 1998), available in . For differing views of NATO's members, see William Drozdiak, U.S., European Allies Divided Over NATO's Authority to Act, WASH. POST, Nov. 8, 1998, at A1; Bradley Graham & William Drozdiak, Much Misgivings About NATO Airstrikes, WASH. POST, Oct. 7, 1998, at A1.
27. For NATO's press statement at the time of the October "activation order, see Statement to the Press by the Secretary General Following Decision on the ACTORD (Oct. 13, 1998), available in . For differing views of NATO's members, see William Drozdiak, U.S., European Allies Divided Over NATO's Authority to Act, WASH. POST, Nov. 8, 1998, at A1; Bradley Graham & William Drozdiak, Much Misgivings About NATO Airstrikes, WASH. POST, Oct. 7, 1998, at A1.
28. James P. Rubin, U.S. Department of State Press Briefing at 8 (Mar. 16, 1999), available in .
29. William Branigin & John M. Goshko, Legality of Airstrikes Disputed in U.S., U.N., WASH. POST, Mar. 27, 1999, at A10. See SC Res. 1199 (Sept. 23, 1998); SC Res. 1203 (Oct. 24, 1998).
30. William Branigin & John M. Goshko, Legality of Airstrikes Disputed in U.S., U.N., WASH. POST, Mar. 27, 1999, at A10. See SC Res. 1199 (Sept. 23, 1998); SC Res. 1203 (Oct. 24, 1998).
31. William Branigin & John M. Goshko, Legality of Airstrikes Disputed in U.S., U.N., WASH. POST, Mar. 27, 1999, at A10. See SC Res. 1199 (Sept. 23, 1998); SC Res. 1203 (Oct. 24, 1998).
32. UN SCOR, 54th Sess., 3989th mtg., UN Doc. S/PV.3989 at 5 (1999); see Judith Miller, Russia's Move To End Strikes Loses; Margin Is a Surprise, N.Y. TIMES, Mar. 27, 1999, at A7.
33. In 1995, NATO conducted 17 days of air strikes against Bosnian Serb forces in Bosnia-Herzegovina, but the strikes were made at the request of that country's government.
34. Roger Cohen, Half a Century After Hitler, German Jets Join the Attack, N.Y. TIMES, Mar. 26, 1999, at A10; Barton Gellman, U.S., Allies Launch Air Attack On Yugoslav Military Targets, WASH. POST, Mar. 25, 1999, at A1.
35. Roger Cohen, Half a Century After Hitler, German Jets Join the Attack, N.Y. TIMES, Mar. 26, 1999, at A10; Barton Gellman, U.S., Allies Launch Air Attack On Yugoslav Military Targets, WASH. POST, Mar. 25, 1999, at A1.
36. Adam Clymer, NATO Planes Step Up Attacks on Serb Troops, N.Y. TIMES, Mar. 29, 1999, at A1; Steven Erlanger, NATO's Blasting of Bridges Outrages Novi Sad's Citizens, N.Y. TIMES, Apr. 20, 1999, at A8; Michael R. Gordon & Eric Schmitt, Thwarted, NATO Agrees to Bomb Belgrade Sites, N.Y. TIMES, Mar. 31, 1999, at A1; Thomas W. Lippman, NATO Expands Yugoslavia Strikes As Conflict Threatens to Spread, WASH. POST, Mar. 27, 1999, at A1.
37. Adam Clymer, NATO Planes Step Up Attacks on Serb Troops, N.Y. TIMES, Mar. 29, 1999, at A1; Steven Erlanger, NATO's Blasting of Bridges Outrages Novi Sad's Citizens, N.Y. TIMES, Apr. 20, 1999, at A8; Michael R. Gordon & Eric Schmitt, Thwarted, NATO Agrees to Bomb Belgrade Sites, N.Y. TIMES, Mar. 31, 1999, at A1; Thomas W. Lippman, NATO Expands Yugoslavia Strikes As Conflict Threatens to Spread, WASH. POST, Mar. 27, 1999, at A1.
38. Adam Clymer, NATO Planes Step Up Attacks on Serb Troops, N.Y. TIMES, Mar. 29, 1999, at A1; Steven Erlanger, NATO's Blasting of Bridges Outrages Novi Sad's Citizens, N.Y. TIMES, Apr. 20, 1999, at A8; Michael R. Gordon & Eric Schmitt, Thwarted, NATO Agrees to Bomb Belgrade Sites, N.Y. TIMES, Mar. 31, 1999, at A1; Thomas W. Lippman, NATO Expands Yugoslavia Strikes As Conflict Threatens to Spread, WASH. POST, Mar. 27, 1999, at A1.
39. Adam Clymer, NATO Planes Step Up Attacks on Serb Troops, N.Y. TIMES, Mar. 29, 1999, at A1; Steven Erlanger, NATO's Blasting of Bridges Outrages Novi Sad's Citizens, N.Y. TIMES, Apr. 20, 1999, at A8; Michael R. Gordon & Eric Schmitt, Thwarted, NATO Agrees to Bomb Belgrade Sites, N.Y. TIMES, Mar. 31, 1999, at A1; Thomas W. Lippman, NATO Expands Yugoslavia Strikes As Conflict Threatens to Spread, WASH. POST, Mar. 27, 1999, at A1.
40. Michael Dobbs, NATO Targeting Milosevic Loyalists, WASH. POST, Apr. 22, 1999, at A18; Bradley Graham, Missiles Hit State TV, Residence of Milosevic, WASH. POST, Apr. 23, 1999, at A33.
41. Michael Dobbs, NATO Targeting Milosevic Loyalists, WASH. POST, Apr. 22, 1999, at A18; Bradley Graham, Missiles Hit State TV, Residence of Milosevic, WASH. POST, Apr. 23, 1999, at A33.
42. See, e.g., Steven Erlanger, Dozens of Civilians Are Killed As NATO Air Strikes Go Awry, N.Y. TIMES, June 1, 1999, at A12; Carlotta Gall, Serbs Say Allied Missile Killed 34 On a Bus, N.Y. TIMES, May 2, 1999, at 9; Dana Priest, NATO Concedes Its Bombs Likely Killed Refugees, WASH. POST, Apr. 20, 1999, at A19.
43. See, e.g., Steven Erlanger, Dozens of Civilians Are Killed As NATO Air Strikes Go Awry, N.Y. TIMES, June 1, 1999, at A12; Carlotta Gall, Serbs Say Allied Missile Killed 34 On a Bus, N.Y. TIMES, May 2, 1999, at 9; Dana Priest, NATO Concedes Its Bombs Likely Killed Refugees, WASH. POST, Apr. 20, 1999, at A19.
44. See, e.g., Steven Erlanger, Dozens of Civilians Are Killed As NATO Air Strikes Go Awry, N.Y. TIMES, June 1, 1999, at A12; Carlotta Gall, Serbs Say Allied Missile Killed 34 On a Bus, N.Y. TIMES, May 2, 1999, at 9; Dana Priest, NATO Concedes Its Bombs Likely Killed Refugees, WASH. POST, Apr. 20, 1999, at A19.
45. See, e.g., Ian Fisher, They Were Human Shields When 80 Died, Kosovars Say, N.Y. TIMES, May 31, 1999, at A1.
46. Steven Lee Myers, NATO Raid Hits China Embassy; Beijing Cites "Barbarian Act;" Allies Admit Striking Hospital, N.Y. TIMES, May 8, 1999, at A1.
47. Michael R. Gordon, NATO Says It Thought Embassy Was Arms Agency, N.Y. TIMES, May 9, 1999, at 1.
48. Judith Miller, Council Voices Distress Over Embassy Attack, N.Y. TIMES, May 15, 1999, at A7.
49. William S. Cohen, U.S. Department of Defense Press Briefing at 2 (June 10, 1999), available in .
50. Michael R. Gordon, Convoy Sent From Russia Is Blocked By Hungary, N.Y. TIMES, Apr. 12, 1999, at A10.
51. Jane Perlez, NATO Approves Naval Embargo on Oil Going to Serbs, N.Y. TIMES, Apr. 24, 1999, at A1.
52. Steven Lee Myers, Leaders of NATO Reject Proposal by General Clark to Fire on Ships That Defy Oil Embargo, N.Y. TIMES, May 5, 1999, at A9.
53. Raymond Bonner, Oil Flowing to Yugoslavia Despite NATO's Exertions, N.Y. TIMES, May 25, 1999, at A17.
54. See, e.g.. Letter Dated 1 February 1999, supra note 7, at annex.
55. UN Doc. S/PV.3989, supra note 21, at 11-12; R. Jeffrey Smith, Belgrade Launches Diplomatic Offensive, WASH. POST, Mar. 26, 1999, at A25.
56. Craig R. Whitney, NATO Assures 5 Neighbors That Fear Serbian Attack, N.Y. TIMES, Mar. 25, 1999, at A13.
57. UN Doc. S/PV.3989, supra note 21, at 5; David Hoffman, Russia Expels 2 NATO Officials, Says It Will Send Aid to Belgrade, WASH. POST, Mar. 27, 1999, at A15; David Hoffman, Moscow Recalls NATO Delegate To Protest Raids, WASH. POST, Mar. 25, 1999, at A31; Charles Trueheart, Europe's Governments Largely Favor Action, id.
58. UN Doc. S/PV.3989, supra note 21, at 5; David Hoffman, Russia Expels 2 NATO Officials, Says It Will Send Aid to Belgrade, WASH. POST, Mar. 27, 1999, at A15; David Hoffman, Moscow Recalls NATO Delegate To Protest Raids, WASH. POST, Mar. 25, 1999, at A31; Charles Trueheart, Europe's Governments Largely Favor Action, id.
59. UN Doc. S/PV.3989, supra note 21, at 5; David Hoffman, Russia Expels 2 NATO Officials, Says It Will Send Aid to Belgrade, WASH. POST, Mar. 27, 1999, at A15; David Hoffman, Moscow Recalls NATO Delegate To Protest Raids, WASH. POST, Mar. 25, 1999, at A31; Charles Trueheart, Europe's Governments Largely Favor Action, id.
60. UN Doc S/PV.3989, supra note 21, at 9-10, 12-14, 15-16; Legality of Airstrikes Disputed, supra note 20; Erik Eckholm, China Mounts All-Out Verbal Assault on Air Raids, N.Y. TIMES, Mar. 26, 1999, at A11.
61. UN Doc S/PV.3989, supra note 21, at 9-10, 12-14, 15-16; Legality of Airstrikes Disputed, supra note 20; Erik Eckholm, China Mounts All-Out Verbal Assault on Air Raids, N.Y. TIMES, Mar. 26, 1999, at A11.
62. Letter Dated 31 March 1999 from the Permanent Representative of the Islamic Republic of Iran to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/363 at annex (1999).
63. UN Doc. S/PV.3989, supra note 21, at 6.
64. Miller, supra note 21.
65. Judith Miller, The Secretary General Offers Implicit Endorsement of Raids, N.Y. TIMES, Mar. 25, 1999, at A13; but see Judith Miller, Annan Takes Critical Stance on U.S. Actions in Kosovo, N.Y. TIMES, May 19, 1999, at A11.
66. Judith Miller, The Secretary General Offers Implicit Endorsement of Raids, N.Y. TIMES, Mar. 25, 1999, at A13; but see Judith Miller, Annan Takes Critical Stance on U.S. Actions in Kosovo, N.Y. TIMES, May 19, 1999, at A11.
67. Demonstrators in Many Cities Demand Halt To Air Strikes, N.Y. TIMES, Mar. 29, 1999, at A11.
68. See, e.g., Vernon Loeb, From Above, Satellites Track Refugees and Atrocities, WASH. POST, Apr. 6, 1999, at A18; Jane Perlez, White House Tells of Reports of a Forced March in Kosovo, N.Y. TIMES, Mar. 27, 1999, at A1; R. Jeffrey Smith & Karl Vick, Accounts of Atrocities Multiplying, WASH. POST, Apr. 22, 1999, at A1.
69. See, e.g., Vernon Loeb, From Above, Satellites Track Refugees and Atrocities, WASH. POST, Apr. 6, 1999, at A18; Jane Perlez, White House Tells of Reports of a Forced March in Kosovo, N.Y. TIMES, Mar. 27, 1999, at A1; R. Jeffrey Smith & Karl Vick, Accounts of Atrocities Multiplying, WASH. POST, Apr. 22, 1999, at A1.
70. See, e.g., Vernon Loeb, From Above, Satellites Track Refugees and Atrocities, WASH. POST, Apr. 6, 1999, at A18; Jane Perlez, White House Tells of Reports of a Forced March in Kosovo, N.Y. TIMES, Mar. 27, 1999, at A1; R. Jeffrey Smith & Karl Vick, Accounts of Atrocities Multiplying, WASH. POST, Apr. 22, 1999, at A1.
71. For a description of the FRY's campaign in Kosovo, called "Operation Horseshoe," see John Kifner, How Serb Forces Purged One Million Albanians, N.Y. TIMES, May 29, 1999, at A1; R. Jeffrey Smith & William Drozdiak, Serbs' Offensive Was Meticulously Planned, WASH. POST, Apr. 11, 1999, at A1.
72. For a description of the FRY's campaign in Kosovo, called "Operation Horseshoe," see John Kifner, How Serb Forces Purged One Million Albanians, N.Y. TIMES, May 29, 1999, at A1; R. Jeffrey Smith & William Drozdiak, Serbs' Offensive Was Meticulously Planned, WASH. POST, Apr. 11, 1999, at A1.
73. Leaving Home, N.Y. TIMES, Mar. 31, 1999, at A9. The refugee flows into Macedonia prompted its Prime Minister to charge that the FRY was deliberately trying to destabilize Macedonia. Carlotta Gall, Yugoslavia Neighbor Fears An Effort to "Destabilize" It, N.Y. TIMES, Apr. 15, 1999, at A12.
74. Leaving Home, N.Y. TIMES, Mar. 31, 1999, at A9. The refugee flows into Macedonia prompted its Prime Minister to charge that the FRY was deliberately trying to destabilize Macedonia. Carlotta Gall, Yugoslavia Neighbor Fears An Effort to "Destabilize" It, N.Y. TIMES, Apr. 15, 1999, at A12.
75. Kosovo Update, N.Y. TIMES, Apr. 24, 1999, at A6.
76. Kosovo's Refugees: Far From Home With Little Hope, N.Y. TIMES, May 29, 1999, at A4.
77. Blaine Harden, Kosovars Relocated to U.S. Would Be Eligible to Remain, N.Y. TIMES, Apr. 23, 1999, at A1.
78. U.S. Department of State Report, Erasing History: Ethnic Cleansing in Kosovo (May 1999), available in ; see Philip Shenon, A State Department Report Documents Kosovo Abuses, N.Y. TIMES, May 11, 1999, at A12.
79. U.S. Department of State Report, Erasing History: Ethnic Cleansing in Kosovo (May 1999), available in ; see Philip Shenon, A State Department Report Documents Kosovo Abuses, N.Y. TIMES, May 11, 1999, at A12.
80. Marlise Simons, U.S. and Britain, After Complaints, Vow to Give War Court Data on Top Yugoslavs, N.Y. TIMES, Apr. 18, 1999, at 11; see also Marlise Simons, Hague Panel Builds Case for Indicting Milosevic, N.Y. TIMES, Apr. 14, 1999, at A15.
81. Marlise Simons, U.S. and Britain, After Complaints, Vow to Give War Court Data on Top Yugoslavs, N.Y. TIMES, Apr. 18, 1999, at 11; see also Marlise Simons, Hague Panel Builds Case for Indicting Milosevic, N.Y. TIMES, Apr. 14, 1999, at A15.
82. William Branigin, U.S. Classified Data Placed Milosevic in Chain of Command, WASH. POST, May 28, 1999, at A30.
83. Indictment, Prosecutor v. Milošević et al., International Criminal Tribunal for the former Yugoslavia (confirmed May 24, 1999), available in .
84. Thomas W. Lippman, U.S. Captives to Fact Serb Court, WASH. POST, Apr. 2, 1999, at A1.
85. 6 UST 3516, 75 UNTS 135. Under section VI, chapter III, of the Third Geneva Convention, prisoners of war can be tried for offenses against the laws of the Detaining Power, subject to various restrictions.
86. The delegation and the prisoners traveled by bus to Croatia, where they were flown to a U.S. base in Germany. Daniel Williams, Serbs Release POWs to Jackson, WASH. POST, May 2, 1999, at A1.
87. Steven Lee Myers, Sert Officer, Captured By Rebels, Held by U.S., N.Y. TIMES, Apr. 17, 1999, at A7.
88. Neil A. Lewis & Elizabeth Becker, U.S. Orders 2 Yugoslavs To Be freed As P.O.W. 's, N.Y. TIMES, May 17, 1999, at A10.
89. Jane Perlez, NATO Ministers, Looking for Kosovo Accord, Urge Russia to Take Part, N.Y. TIMES, Apr. 13, 1999, at A10.
90. Statement on Kosovo, NATO Press Release S-1(99)62 at para. 6 (Apr. 23, 1999), available in .
91. H.R. Res. 42, 106th Cong. (1999) was enacted by the House of Representatives on March 11, 1999, by a vote of 219 to 191. The resolution authorized the deployment of U.S. forces to Kosovo as part of a NATO peacekeeping operation up to a level of 15% of the total NATO force, subject to certain notification and reporting requirements to Congress.
92. S. Res. 21, 106th Cong. (1999) (enacted).
93. Letter to Congressional Leaders Reporting on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. Doc. 527, 527-28 (Mar. 29, 1999); see also Letter to Congressional Leaders Reporting on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. Doc. 602 (Apr. 12, 1999) (letter transmitted April 7).
94. Letter to Congressional Leaders Reporting on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. Doc. 527, 527-28 (Mar. 29, 1999); see also Letter to Congressional Leaders Reporting on Airstrikes Against Serbian Targets in the Federal Republic of Yugoslavia (Serbia and Montenegro), 35 WEEKLY COMP. PRES. Doc. 602 (Apr. 12, 1999) (letter transmitted April 7).
95. 50 U.S.C. §§1541-48 (1994).
96. H. Con. Res. 82, 106th Cong. (1999). The resolution was defeated by a vote of 290 to 139.
97. H.J. Res. 44, 106th Cong. (1999). The resolution was defeated by a vote of 427 to 2.
98. H. Res. 1569, 106th Cong. (1999) (enacted). The resolution passed by a vote of 249 to 180. In an effort to forestall a vote on this resolution President Clinton sent a letter to the Speaker of the House of Representatives assuring him that the President would "ask for Congressional support before introducing U.S. ground forces into Kosovo in a nonpermissive environment." Letter to Hastert, N.Y. TIMES, Apr. 29, 1999, at A14.
99. H. Res. 1569, 106th Cong. (1999) (enacted). The resolution passed by a vote of 249 to 180. In an effort to forestall a vote on this resolution President Clinton sent a letter to the Speaker of the House of Representatives assuring him that the President would "ask for Congressional support before introducing U.S. ground forces into Kosovo in a nonpermissive environment." Letter to Hastert, N.Y. TIMES, Apr. 29, 1999, at A14.
100. A further effort in the Senate by Senator John McCain to pass a resolution authorizing the President "to use all necessary force and other means" to accomplish U.S. and NATO objectives was set aside on May 4, largely due to opposition from the White House, which did not wish to promote the idea of U.S. ground troops being introduced into the conflict. See Helen Dewar, Senate Shelves McCain Proposal on Kosovo, WASH. POST, May 5, 1999, at A27.
101. Campbell v. Clinton, No. 99-1072 (D.D.C. filed Apr. 30, 1999) (complaint for declaratory relief).
102. Campbell v. Clinton, No. 99-1072, at 16-21 (D.D.C. June 8, 1999) (opinion) (footnotes excluded).
103. Legality of the Use of Force (Yugo. v. U.S.), 1999 ICJ Pleadings (application filed Apr. 29, 1999). Information concerning the case, including the FRY's application, may be found at .
104. 78 UNTS 277.
105. International Court of Justice Verbatim Record, Legality of the Use of Force (Yugo. v. U.S.), Hearing on Request for Provisional Measures, CR 99/24 (May 11, 1999).
106. Legality of the Use of Force (Yugo. v. U.S.), Provisional Measures, 1999 ICJ REP. at para. 29 (Order of June 2).
107. Id.
108. General Framework Agreement for Peace in Bosnia and Herzegovina at annex 2 (V), UN Doc. S/1995/999 (1995).
109. Thomas W. Lippman, Neutrality is Ordered In Key Area Of Bosnia, WASH. POST, Mar. 6, 1999, at A15.
110. Arbitration for the Brčko Area Final Award (Fed. of Bosnia and Herzegovina v. Republika Srpska), Arbitral Tribunal for Dispute over Inter-Entity Boundary in the Brčko Area, 38 ILM 536 (1999).
111. The "international supervisor" of Brčko - a position established by the first interim Brčko award, 36 ILM 396 (1997) - was appointed by the High Representative for Implementation of the Peace Agreement on Bosnia and Herzegovina.
112. Background Briefing on the Brčko Decision, U.S. Department of State Press Release at 1-3 (Mar. 5, 1998), available in .
113. R. Jeffrey Smith, Bosnia Ruling Rekindles Old Antipathy Anew, WASH. POST, Mar. 9, 1999, at A9; but see Bosnian Serbs Moderate Confrontation, N.Y. TIMES, Mar. 9, 1999, at A3. For the FRY's reaction, see Letter Dated 7 March 1999 from the Chargé d'Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/243 (1999).
114. R. Jeffrey Smith, Bosnia Ruling Rekindles Old Antipathy Anew, WASH. POST, Mar. 9, 1999, at A9; but see Bosnian Serbs Moderate Confrontation, N.Y. TIMES, Mar. 9, 1999, at A3. For the FRY's reaction, see Letter Dated 7 March 1999 from the Chargé d'Affaires A.I. of the Permanent Mission of Yugoslavia to the United Nations Addressed to the President of the Security Council, UN Doc. S/1999/243 (1999).
115. Bosnian Serb Accepts Decision on Town, WASH. POST, Mar. 20, 1999, at A14.
116. Interim Agreement on the West Bank and the Gaza Strip, Sept. 28, 1995, Israel-PLO, 36 ILM 551 (1997).
117. Wye River Memorandum, Oct. 23, 1998, Israel-PLO, 37 ILM 1251 (1998).
118. Lee Hockstader, Israeli Knesset Approves Wye Pact, WASH. POST, Nov. 18, 1998, at A29.
119. See, e.g., Joel Greenberg, After Crackdown, Militant Group Threatens Arafat's Forces, N.Y. TIMES, Nov. 2, 1998, at A12.
120. Deborah Sontag, Clinton Watches as Palestinians Drop Call for Israel's Destruction, N.Y. TIMES, Dec. 15, 1998, at A1.
121. See, e.g., Letter Dated 1 February 1999 from the Permanent Representative of Israel to the United Nations Addressed to the Secretary-General, UN Doc. S/1999/105 (1999); Deborah Sontag, Arafat's Tightrope: Palestinian Statehood, N.Y. TIMES, Mar. 23, 1999, at A3.
122. James P. Rubin, U.S. Department of State Press Briefing at 9 (Oct. 26, 1998), available in . The Department subsequently clarified that this policy applied to continued Israeli building of settlements in the West Bank as well. James P. Rubin, U.S. Department of State Press Briefing at 13 (Apr. 9, 1999), available in .
123. James P. Rubin, U.S. Department of State Press Briefing at 9 (Oct. 26, 1998), available in . The Department subsequently clarified that this policy applied to continued Israeli building of settlements in the West Bank as well. James P. Rubin, U.S. Department of State Press Briefing at 13 (Apr. 9, 1999), available in .
124. S. Con. Res. 5, 106th Cong. (1999) (enacted).
125. H.R. Con. Res. 24, 106th Cong. (1999) (enacted).
126. European Council Press Release No. SN 100 at 19-20 (Mar. 25, 1999); see Anne Swardson, EU Nations Agree to Consider Recognition of Palestinian State, WASH. POST, Mar. 27, 1999, at A11.
127. European Council Press Release No. SN 100 at 19-20 (Mar. 25, 1999); see Anne Swardson, EU Nations Agree to Consider Recognition of Palestinian State, WASH. POST, Mar. 27, 1999, at A11.
128. Roger Cohen, Statesmanlike Schroeder Pulls Harmony from Europe's Hat, N.Y. TIMES, Mar. 27, 1999, at A4.
129. James P. Rubin, U.S. Department of State Press Briefing at 11 (Mar. 26, 1999), available in .
130. John M. Broder, Clinton Tells Palestinians To Go Slow on Statehood, N.Y. TIMES, Apr. 27, 1999, at A8.
131. Lee Hockstader, Palestinian Body Defers Decision, WASH. POST, Apr. 30, 1999, at A18.
132. LaGrand v. Lewis, 883 F.Supp. 451 (1995) & 469 (1995), aff'd, LaGrand v. Stewart, 133 F.3d 1253 (1998).
133. Executions Set for Local Brothers in '82 Bank Slaying, TUCSON CITIZEN, Jan. 20, 1999, at 4C, available in 1999 WL 7470471.
134. Germany Ask, U.S. To Spare Inmates, AP ONLINE, Feb. 4, 1999, available in 1999 WL 11924818.
135. German Chancellor Urges Pardon For Two Germans on US Death Row, Agence Fr.-Presse, Feb. 9, 1999, available in 1999 WL 2543025.
136. James B. Foley, U.S. Department of State Press Briefing at 13-14 (Feb. 11, 1999), available in .
137. German Ambassador Asks Governor to Stop Execution in Arizona, Agence Fr.-Presse, Feb. 17, 1999, available in 1999 WL 2547811.
138. See, e.g., Man Executed After High Court Ruling, L.A. TIMES, Feb. 25, 1999, at A12, available in 1999 WL 2133412.
139. German Foreign Minister Joschka Fischer, Erklaerung Fischers zur Hinrichtung des deutschen Staatsangehoerigen Karl LaGrand in Florence, Arizona (Feb. 25, 1999), available in .
140. International Court of Justice, Press Communiqué 99/7, Germany Brings a Case Against the United States of America and Requests the Indication of Provisional Measures (Mar. 2, 1999), available in . A similar case was filed by Paraguay against the United States in 1998. See Agora: Breard 92 AJIL 666 (1998); 93 AJIL 170 (1999).
141. International Court of Justice, Press Communiqué 99/7, Germany Brings a Case Against the United States of America and Requests the Indication of Provisional Measures (Mar. 2, 1999), available in . A similar case was filed by Paraguay against the United States in 1998. See Agora: Breard 92 AJIL 666 (1998); 93 AJIL 170 (1999).
142. International Court of Justice, Press Communiqué 99/7, Germany Brings a Case Against the United States of America and Requests the Indication of Provisional Measures (Mar. 2, 1999), available in . A similar case was filed by Paraguay against the United States in 1998. See Agora: Breard 92 AJIL 666 (1998); 93 AJIL 170 (1999).
143. James B. Foley, U.S. Department of State Press Briefing at 5 (Mar. 3, 1999), available in .
144. Case Concerning the Vienna Convention on Consular Relations (F.R.G.. v. U.S.), Provisional Measures, 1999 ICJ PLEADINGS (order of Mar. 3), 38 ILM 308 (1999). In his separate opinion, President Schwebel expressed doubts about the Court's reliance on Article 75(1).
145. Stewart v. LaGrand, 119 S.Ct. 1018 (1999); LaGrand v. Arizona, 119 S. Ct. 1137 (1999).
146. Germany v. United States, 119 S.Ct. 1016 (1999).
147. World Court's Effort to Stay Execution Fails, WASH. POST, Mar. 4, 1999, at A16.
148. German Foreign Minister Joschka Fischer, Erklaerung Fischers zur Hinrichtung des deutschen Staatsangehoerigen Walter LaGrand in Arizona (Mar. 4, 1999), available in .
149. James B. Foley, U.S. Department of State Press Briefing at 8 (Mar. 4, 1999), available in .
150. International Court of Justice, Press Communiqué 99/12 (Mar. 8, 1999), available in .
151. Declaration of the Government of the Democratic and Popular Republic of Algeria Concerning the Settlement of Claims, Jan. 19, 1981, reprinted in 1 Iran-U.S. C.T.R. 9 (1983).
152. Declaration of the Government of the Democratic and Popular Republic of Algeria, Jan. 1981, General Principle B, reprinted in 1 Iran-U.S. C.T.R. 3 (1983).
153. Exec. Order 12294 (Feb. 24, 1981), reprinted in 50 U.S.C. 1701 note (1994).
154. Dames & Moore v. Regan, 453 U.S. 654, 686-87 (1981).
155. Foremost Tehran v. Iran, Award No. 220-37/231-1 (Apr. 11, 1986), reprinted in 10 Iran-U.S. C.T.R. 228.
156. McKesson Corp. v. Iran, No. 82-220, 1997 WL 361177 at *4 (D.D.C. June 23, 1997) (footnote omitted).
157. Iran v. United States, Partial Award No. 590-A15(IV)-A/24-FT (Dec. 28, 1998), reprinted in MEALEY'S INT'L ARB. REP., Jan. 1999, at B-1.
158. Id., B-16. at para. 95.
159. The U.S. arbitrators dissented as to the Tribunal's findings that the U.S. Government violated the Algiers Accords by authorizing actions to be filed for the purpose of tolling a statute of limitations and by not dismissing the foremost case in 1986. On the latter point, the U.S. arbitrators argued that "the claim in the District Court was, from its inception, broader than the claim before the Tribunal," and that therefore "the United States liability should extend only to instances in which Iran was reasonably compelled in the prudent defense of its interests to file documents or make appearances after 11 April 1986 in that portion of the case that had been decided by the Tribunal on the merits." Separate Opinion of George H. Aldrich, Richard C. Allison, and Charles T. Duncan, id., at B-33, B-36.
160. UN Human Rights Comm. Res. 1994/41 (Mar. 4, 1994).
161. David Samuels, Malaysian Justice on Trial, INT'L COM. LITIG., Nov. 1995, at 10.
162. See Written Statement Submitted to the International Court of Justice on Behalf of the Secretary-General of the United Nations, Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights (Oct. 2, 1998), available in (the Secretary-General's note verbale, dated Mar. 7, 1997, appears as attachment 29 to the written statement).
163. Id. paras. 18-27.
164. E.S.C. Res. 1998/297 (Aug. 5, 1998).
165. Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 21 U.S.T. 1418, 1 U.N.T.S. 16.
166. Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 21 U.S.T. 1418, 1 U.N.T.S. 16.
167. Written Statement Submitted By the United States of America Before the International Court of Justice, Request by the United Nations Economic and Social Council for an Advisory Opinion on the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights (Oct. 7, 1998) (on file at GWU). The United States also subsequently commented to the Court in writing on the written statements filed by others.
168. Id. at 28-29 (footnote omitted).
169. Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, 1999 ICJ REP. (Advisory Opinion of Apr. 29).
170. Civil Liberties Act of 1988, 50 U.S.C.S. App. §1989b (1996). For legislative history, see 1988 U.S.C.C.A.N. 1135; see also Larry Liebert, Congress Votes $1.25 Billion for War Interness, SAN FRAN. CHRON., Aug. 5, 1988, at A1, available in 1988 WL 6118747.
171. Civil Liberties Act of 1988, 50 U.S.C.S. App. §1989b (1996). For legislative history, see 1988 U.S.C.C.A.N. 1135; see also Larry Liebert, Congress Votes $1.25 Billion for War Interness, SAN FRAN. CHRON., Aug. 5, 1988, at A1, available in 1988 WL 6118747.
172. Michael Isikoff, Delayed Reparations and an Apology, WASH. POST, Oct. 10, 1990, at A1.
173. Ten Year Program To Compensate Japanese Americans Interned During World War II Closes Its Doors, U.S. Department of Justice News Release (Feb. 19, 1999), available in .
174. See Mochizuki v. United States, 41 Fed. Cl. 54 (1998).
175. Department of Justice News Release, Japanese Latin Americans To Receive Compensation for Internment During World War II (June 12, 1998), available in .
176. Mochizuki, at 56.
177. Statement on the Wrongful Internment of Latin Americans of Japanese Descent, 34 WEEKLY COMP. PRES. DOC. 1103 (June 15, 1998).
178. Mochizuki v. United States, 43 Fed.Cl. 97 (1999).
179. Department of Justice News Release, supra note 3; see also Nathan Abse, As Deadline Nears, Funds for War Internees Dwindle, WASH. POST, Jan. 18, 1999, at A21.
180. Department of Justice News Release, supra note 3; see also Nathan Abse, As Deadline Nears, Funds for War Internees Dwindle, WASH. POST, Jan. 18, 1999, at A21.
181. 28 U.S.C. §§2671 et seq. (1994).
182. The reports are submitted to Congress by the Department of State in compliance with section 116(d) and 502B of the Foreign Assistance Act of 1961, as amended, 22 U.S.C.S. §2151n. (1998) and Section 504 of the Trade Act of 1974, as amended, 19 U.S.C.S. §2464 (1998).
183. The reports are submitted to Congress by the Department of State in compliance with section 116(d) and 502B of the Foreign Assistance Act of 1961, as amended, 22 U.S.C.S. §2151n. (1998) and Section 504 of the Trade Act of 1974, as amended, 19 U.S.C.S. §2464 (1998).
184. U.S. DEPARTMENT OF STATE, COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES FOR 1998, 106th Cong., 1st Sess. (Joint Comm. Print 1999).
185. Acting Secretary of State Frank E. Loy and Assistant Secretary for Democracy, Human Rights and Labor Harold Hongju Koh, Remarks and Press Q&A on 1998 Country Reports on Human Rights at 2-4 (Feb. 26, 1999), available in .
186. Barbara Crossette, Amnesty Finds 'Widespread Pattern' of U.S. Rights Violations, N.Y. TIMES, Oct. 5, 1998, at A11. At the 1999 annual meeting of the UN Human Rights Commission, Amnesty International for the first time placed the United States on its priority list of human rights violators, in the company of states such as Algeria, Cambodia, and Turkey. Elizabeth Olson, Good Friends Join Enemies To Criticize U.S. on Rights, N.Y. TIMES, Mar. 28, 1999, at 11.
187. Barbara Crossette, Amnesty Finds 'Widespread Pattern' of U.S. Rights Violations, N.Y. TIMES, Oct. 5, 1998, at A11. At the 1999 annual meeting of the UN Human Rights Commission, Amnesty International for the first time placed the United States on its priority list of human rights violators, in the company of states such as Algeria, Cambodia, and Turkey. Elizabeth Olson, Good Friends Join Enemies To Criticize U.S. on Rights, N.Y. TIMES, Mar. 28, 1999, at 11.
188. AMNESTY INTERNATIONAL, UNITED STATES OF AMERICA RIGHTS FOR ALL 2-3 (1998) (footnote omitted).
189. Mireya Navarro, Guatemalan Army Waged 'Genocide,' New Report Finds, N.Y. TIMES, Feb. 26, 1999, at A1; Larry Rohter, Searing Indictment: Commission's Report on Guatemala's Long, Brutal War Packs a Surprise, N.Y. TIMES, Feb. 27, 1999, at A4. The Commission consisted of a Guatemalan jurist, a Guatemalan educator, and a German jurist, Christian Tomuschat, who headed the panel.
190. Mireya Navarro, Guatemalan Army Waged 'Genocide,' New Report Finds, N.Y. TIMES, Feb. 26, 1999, at A1; Larry Rohter, Searing Indictment: Commission's Report on Guatemala's Long, Brutal War Packs a Surprise, N.Y. TIMES, Feb. 27, 1999, at A4. The Commission consisted of a Guatemalan jurist, a Guatemalan educator, and a German jurist, Christian Tomuschat, who headed the panel.
191. COMMISSION FOR HISTORICAL CLARIFICATION, GUATEMALA: MEMORY OF SILENCE: CONCLUSIONS AND RECOMMENDATIONS (1999). The full nine-volume report was provided only to the Government of Guatemala, representatives of the political party that succeeded the guerilla forces, and the United Nations. An 86-page summary of the conclusions and recommendations, quoted herein, was issued to the public.
192. Id. at 19.
193. Id. at 33-44, 49-52, 54, & 58-65.
194. Excerpts from Mr. Tomuschat's statement appear at The Atrocity Findings: 'The Historic Facts Must Be Recognized,' N.Y. TIMES, Feb. 26, 1999, at A8. Further information about the U.S. involvement in Guatemala, including information that the U.S. Government was fully aware of the atrocities at the time they were being committed by the Government of Guatemala, may be found in recently declassified U.S. Government documents. See Douglas Farah, 'We've Not Been Honest,' WASH. POST, Mar. 12, 1999, at A25; Douglas Farah, Papers Show U.S. Role in Guatemalan Abuses, WASH. POST, Mar. 11, 1999, at A26.
195. Excerpts from Mr. Tomuschat's statement appear at The Atrocity Findings: 'The Historic Facts Must Be Recognized,' N.Y. TIMES, Feb. 26, 1999, at A8. Further information about the U.S. involvement in Guatemala, including information that the U.S. Government was fully aware of the atrocities at the time they were being committed by the Government of Guatemala, may be found in recently declassified U.S. Government documents. See Douglas Farah, 'We've Not Been Honest,' WASH. POST, Mar. 12, 1999, at A25; Douglas Farah, Papers Show U.S. Role in Guatemalan Abuses, WASH. POST, Mar. 11, 1999, at A26.
196. Excerpts from Mr. Tomuschat's statement appear at The Atrocity Findings: 'The Historic Facts Must Be Recognized,' N.Y. TIMES, Feb. 26, 1999, at A8. Further information about the U.S. involvement in Guatemala, including information that the U.S. Government was fully aware of the atrocities at the time they were being committed by the Government of Guatemala, may be found in recently declassified U.S. Government documents. See Douglas Farah, 'We've Not Been Honest,' WASH. POST, Mar. 12, 1999, at A25; Douglas Farah, Papers Show U.S. Role in Guatemalan Abuses, WASH. POST, Mar. 11, 1999, at A26.
197. Remarks in a Roundtable Discussion on Peace Efforts in Guatemala City, 35 WEEKLY COMP. PRES. DOC. 395 (Mar. 15, 1999); see John M. Broder, Clinton Offers His Apologies to Guatemala, N.Y. TIMES, Mar. 11, 1999, at A1.
198. Remarks in a Roundtable Discussion on Peace Efforts in Guatemala City, 35 WEEKLY COMP. PRES. DOC. 395 (Mar. 15, 1999); see John M. Broder, Clinton Offers His Apologies to Guatemala, N.Y. TIMES, Mar. 11, 1999, at A1.
199. Foreign Affairs Reform and Restructuring Act of 1998, as contained in the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. No. 105-277, 112 Stat. 2681, 2761 (1998). The Act also called for the transfer of certain functions of the Agency for International Development (AID) to the Department of State, but otherwise maintained AID's status as an independent agency.
200. Functions of USIA relating to international broadcasting, however, are transferred to a new independent agency, the Broadcasting Board of Governors, including functions associated with the Voice of America, Radio and TV Marti, and Radio Free Europe.
201. For the President's transmittal notice, see Letter to Congressional Leaders Transmitting a Plan and Report on Reorganization of the Foreign Affairs Agencies, 34 WEEKLY COMP. PRES. DOC. 2537 (Jan. 4, 1999). For the executive order implementing the act, see Exec. Order No. 13,118, 64 Fed. Reg. 16,595 (1999).
202. For the President's transmittal notice, see Letter to Congressional Leaders Transmitting a Plan and Report on Reorganization of the Foreign Affairs Agencies, 34 WEEKLY COMP. PRES. DOC. 2537 (Jan. 4, 1999). For the executive order implementing the act, see Exec. Order No. 13,118, 64 Fed. Reg. 16,595 (1999).
203. See Thomas W. Lippman, USIA and ACDA Workers All to Retain Employment, WASH. POST, Jan. 5, 1999, at A9.
204. Cuban Liberty and Democratic Solidarity (Libertad) Act, 22 U.S.C.A. §§6021-6091 (West Supp. 1999).
205. For a discussion, see Agora: The Cuban Liberty and Democratic Solidarity (Libertad) Act, 90 AJIL 419 (1996). U.S. economic sanctions against Cuban have grown increasingly unpopular in the international community since their inception in the early 1960's. From 1992 to 1998, the UN General Assembly annually adopted resolutions calling for an end to the sanctions. The vote in 1998 was 157 in favor, 12 abstentions, and only the United States and Israel opposed. GA Res. 53/4 (Oct. 14, 1998). The Clinton Administration has taken some steps to ease economic restrictions on Cuba. See Statement on United States Policy Toward Cuba, 35 WEEKLY COMP. PRES. DOC. 7 (Jan. 11, 1999).
206. For a discussion, see Agora: The Cuban Liberty and Democratic Solidarity (Libertad) Act, 90 AJIL 419 (1996). U.S. economic sanctions against Cuban have grown increasingly unpopular in the international community since their inception in the early 1960's. From 1992 to 1998, the UN General Assembly annually adopted resolutions calling for an end to the sanctions. The vote in 1998 was 157 in favor, 12 abstentions, and only the United States and Israel opposed. GA Res. 53/4 (Oct. 14, 1998). The Clinton Administration has taken some steps to ease economic restrictions on Cuba. See Statement on United States Policy Toward Cuba, 35 WEEKLY COMP. PRES. DOC. 7 (Jan. 11, 1999).
207. For a discussion, see Agora: The Cuban Liberty and Democratic Solidarity (Libertad) Act, 90 AJIL 419 (1996). U.S. economic sanctions against Cuban have grown increasingly unpopular in the international community since their inception in the early 1960's. From 1992 to 1998, the UN General Assembly annually adopted resolutions calling for an end to the sanctions. The vote in 1998 was 157 in favor, 12 abstentions, and only the United States and Israel opposed. GA Res. 53/4 (Oct. 14, 1998). The Clinton Administration has taken some steps to ease economic restrictions on Cuba. See Statement on United States Policy Toward Cuba, 35 WEEKLY COMP. PRES. DOC. 7 (Jan. 11, 1999).
208. See 91 AJIL 93 (1997).
209. Comparable santions were subsequently enacted in the Iran-Libya Sanctions Act (ILSA). Iran and Libya Sanctions Act of 1996, 50 U.S.C.A. §1701 note (West Supp. 1999).
210. See 91 AJIL 110 (1997).
211. Request for the Establishment of a Panel by the European Communities, WTO Doc. WT/DS38/2/Corr.1 (Oct. 14, 1996).
212. See 91 AJIL 497 (1997). The suspension continued until the lapse of the panel's authority on April 22, 1998.
213. United States-European Union Understanding with Respect to Disciplines for the Strengthening on Investment Protection at 1-5 (May 18, 1998) (footnote omitted). For an analysis of the Understanding, see Stefaan Smis and Kim Van der Borght, The EU-U.S. Compromise on the Helms-Burton and D'Amato Acts, 93 AJIL 227 (1999).
214. United States-European Union Understanding with Respect to Disciplines for the Strengthening on Investment Protection at 1-5 (May 18, 1998) (footnote omitted). For an analysis of the Understanding, see Stefaan Smis and Kim Van der Borght, The EU-U.S. Compromise on the Helms-Burton and D'Amato Acts, 93 AJIL 227 (1999).
215. EU Unilateral Statement (May 18, 1998) (on file at GWU).
216. Stuart E. Eizenstat, Testimony Before the Lott Bipartisan Senate Task Force on Sanctions at 2-3 (Sept. 8, 1998), available in . The EU acknowledg-ment referred to by Eizenstat appears in an EU side letter attached as Annex D to the Understanding.
217. The IWC was established by the International Convention for the Regulation of Whaling, Dec. 2, 1946, art. 3, 62 Stat. 1716, 1717, 161 U.N.T.S. 72, 76.
218. The IWC was established by the International Convention for the Regulation of Whaling, Dec. 2, 1946, art. 3, 62 Stat. 1716, 1717, 161 U.N.T.S. 72, 76.
219. See, e.g., Stephen M. Hankins, The United States 'Abuse of the Aboriginal Whaling Exception: A Contradiction in United States Policy and a Dangerous Precedent for the Whale, 24 U.C. DAVIS L. REV. 489 (1990).
220. See Lawrence Watters & Connie Dugger, The Hunt for Gray Whales: The Dilemma of Native American Treaty Rights and the International Moratorium on Whaling, 22 COLUM. J. ENVTL. L. 319, 320 (1997).
221. Treaty With the Makah, Jan. 31, 1855, Art. 4, reprinted in National Marine Fisheries Service, Environmental Assessment of the Makah Tribe's Harvest of up to Five Gray Whales per Year for Cultural and Subsistence Use, app. 8.1 (Oct. 17, 1997) (on file at GWU).
222. Treaty With the Makah, Jan. 31, 1855, Art. 4, reprinted in National Marine Fisheries Service, Environmental Assessment of the Makah Tribe's Harvest of up to Five Gray Whales per Year for Cultural and Subsistence Use, app. 8.1 (Oct. 17, 1997) (on file at GWU).
223. The Makah Tribe and Whaling: A Fact Sheet Issued by the Makah Whaling Commission at 1, 4 (July 21, 1998) (on file at GWU).
224. Agreement Between the National Oceanic and Atmospheric Administration and the Makah Tribal Council at 1 (Oct. 13, 1997) (on file at GWU).
225. International Panel Clean Way for Whole Hunts by Makah Tribe, L.A. TIMES, Oct. 24, 1997 at A6; U.S. Delegation News Release, Whaling Commission Approves Combined Russian-Makah Gray Whale Quota (Oct. 23, 1997), available in . In the aftermath of the meeting, some representatives to the IWC claimed that the decision did not authorize whale hunting by the Makah Tribe. See Anne Swardson, Whales Dwarfed by Larger Forces: Lobbyists and Politics, WASH. POST, Oct. 24, 1997, at A36. The IWC press release specifies who may catch whales listed for other categories, but with respect to gray whales simply states that those whose "traditional, aboriginal and subsistence needs have been recognised'" may take a total of 620 Eastern North Pacific gray whales per year from 1998 through 2002. Final Press Release, 1998 IWC Annual Meeting (May 20, 1998), available in .
226. International Panel Clean Way for Whole Hunts by Makah Tribe, L.A. TIMES, Oct. 24, 1997 at A6; U.S. Delegation News Release, Whaling Commission Approves Combined Russian-Makah Gray Whale Quota (Oct. 23, 1997), available in . In the aftermath of the meeting, some representatives to the IWC claimed that the decision did not authorize whale hunting by the Makah Tribe. See Anne Swardson, Whales Dwarfed by Larger Forces: Lobbyists and Politics, WASH. POST, Oct. 24, 1997, at A36. The IWC press release specifies who may catch whales listed for other categories, but with respect to gray whales simply states that those whose "traditional, aboriginal and subsistence needs have been recognised'" may take a total of 620 Eastern North Pacific gray whales per year from 1998 through 2002. Final Press Release, 1998 IWC Annual Meeting (May 20, 1998), available in .
227. International Panel Clean Way for Whole Hunts by Makah Tribe, L.A. TIMES, Oct. 24, 1997 at A6; U.S. Delegation News Release, Whaling Commission Approves Combined Russian-Makah Gray Whale Quota (Oct. 23, 1997), available in . In the aftermath of the meeting, some representatives to the IWC claimed that the decision did not authorize whale hunting by the Makah Tribe. See Anne Swardson, Whales Dwarfed by Larger Forces: Lobbyists and Politics, WASH. POST, Oct. 24, 1997, at A36. The IWC press release specifies who may catch whales listed for other categories, but with respect to gray whales simply states that those whose "traditional, aboriginal and subsistence needs have been recognised'" may take a total of 620 Eastern North Pacific gray whales per year from 1998 through 2002. Final Press Release, 1998 IWC Annual Meeting (May 20, 1998), available in .
228. International Panel Clean Way for Whole Hunts by Makah Tribe, L.A. TIMES, Oct. 24, 1997 at A6; U.S. Delegation News Release, Whaling Commission Approves Combined Russian-Makah Gray Whale Quota (Oct. 23, 1997), available in . In the aftermath of the meeting, some representatives to the IWC claimed that the decision did not authorize whale hunting by the Makah Tribe. See Anne Swardson, Whales Dwarfed by Larger Forces: Lobbyists and Politics, WASH. POST, Oct. 24, 1997, at A36. The IWC press release specifies who may catch whales listed for other categories, but with respect to gray whales simply states that those whose "traditional, aboriginal and subsistence needs have been recognised'" may take a total of 620 Eastern North Pacific gray whales per year from 1998 through 2002. Final Press Release, 1998 IWC Annual Meeting (May 20, 1998), available in .
229. National Environmental Policy Act, 42 U.S.C. §§4321 et seq. (1998). The suit charged that the U.S. Government violated NEPA by having only an Environmental Assessment completed, rather than a more extensive Environmental Impact Statement of the expected consequences of the proposed hunt. See Peggy Andersen, Makah Whaling Plan is Given Go-Ahead From Federal Judge; Lawsuit Challenged Tribe's First Hunt in Over 70 Years, SEATTLE TIMES, Sept. 22, 1998, at B1, available in 1998 WL 3173009.
230. National Environmental Policy Act, 42 U.S.C. §§4321 et seq. (1998). The suit charged that the U.S. Government violated NEPA by having only an Environmental Assessment completed, rather than a more extensive Environmental Impact Statement of the expected consequences of the proposed hunt. See Peggy Andersen, Makah Whaling Plan is Given Go-Ahead From Federal Judge; Lawsuit Challenged Tribe's First Hunt in Over 70 Years, SEATTLE TIMES, Sept. 22, 1998, at B1, available in 1998 WL 3173009.
231. Metcalf v. Daley, No. C90-5289FDB (W.D. Wash. Sept. 21, 1998) (order granting defendants' motion for summary judgment).
232. Sam Howe Verhovek, Protesters Shadow A Tribe's Pursuit of Whales and Past, N.Y. TIMES, Oct. 2, 1998, at A1.
233. The first whale was killed on May 17, 1999. Sam Howe Verhovek, Reviving Tradition, Tribe Kills a Whale, N.Y. TIMES, May 18, 1999, at A14; Sam Howe Verhovek, After the Hunt, Bitter Protest and Salty Blubber, N.Y. TIMES, May 19, 1999, at A14.
234. The first whale was killed on May 17, 1999. Sam Howe Verhovek, Reviving Tradition, Tribe Kills a Whale, N.Y. TIMES, May 18, 1999, at A14; Sam Howe Verhovek, After the Hunt, Bitter Protest and Salty Blubber, N.Y. TIMES, May 19, 1999, at A14.
235. See Agreement Concerning Final Benefits to Certain United States Nationals Who Were Victims of National Socialist Measures of Protection, 35 ILM 193 (1996).
236. 22 U.S.C. §1644 note (Supp. 1999).
237. Mr. Miller was apparently erroneously compensated under the German national claims program in the belief that he was not a U.S. national, when in fact he was.
238. 5 U.S.C. §702 (1998).
239. Miller v. Albright, No. 98-1955 (D.D.C. Oct. 26, 1998) (opinion and order).
240. Miller v. Albright, No. 98-5511 (D.C. Cir. Nov. 10, 1998) (emergency motion of the Secretary of State for a stay, or, in the alternative, for expedited summary reversal at 13-18).
241. Miller v. Albriglu, No. 98-5511, 1998 WL 846653 (D.C. Cir. Nov. 30, 1998) (order).