attack on the Iraqi reactor in 198 1 (Israel contended that the reactor would
give Iraq a nuclear weapons capability which would be used against
Israel); the U.S. bombing of Libya in 1986 (in which part of the
justification for the attack was the desire to prevent Libya from exporting
terrorism in the future).
d. CJCSI 3 121.0 1 A, Standing Rules of Engagement for U.S. Forces,
implements anticipatory self-defense in the concept of "hostile intent," by
which U.S. forces may respond with force to the threat of force.
- Examples of Claimed Article 51 Uses of Force
a. Israel-Iraq (1981)
(1) Iraq building a nuclear reactor at Osirak.
(2) Israel attacked and destroyed the site 6-9 months prior to completion.
(3) Unanimous UNSC condemnation.
(4) Does it matter that Israel and Iraq were technically still "at war7' as a
result of events 8 years earlier?
b. Libya (1986)
(1) December 1985: Abu Nidal terrorists conducted bombings at the
Rome and Vienna Airports.
(2) 4 April 1986: Bombing at "La Belle Disco" in Berlin. (Club was
frequented by American military personnel.)
(3) 5 April 1986: Communications intercepted between the bombers and
Libyan government officials in Tripoli.
(4) 14 April: Operation El Dorado Canyon. Air and Naval assets struck
targets in and around Tripoli.
(5) President Reagan announced, "These strikes were conducted in the
exercise of our right of self-defense under Article 5 1 of the United
Nations Charter. This necessary and appropriate action was a
preemptive strike.. .designed to deter acts of terrorism by Libya.. ."
