Destruction of Property (On An International Scale): The Recent Oil Platforms Case and the International Court of Justice's Inconsistent Commentary on the Use of Force By the United States

Abstract:     
This Article examines the recently decided Oil Platforms case announced by the International Court of Justice, remarking on the internal inconsistencies and problems associated with the actual holding. The ICJ's holding in this case inconsistently applies the traditional "use of force" doctrine as applied in other cases decided by the Court, thereby providing evidence of other factors at work in the decision of the Court. Indeed, analysis of the holding, along with examination of the statements made by judges in the ICJ in several separate opinions exhibit the ICJ's desire to reprimand the United States for its current actions in Iraq and the United States' fundamental misunderstanding of "proper" use of force. This Article also contributes to the scholarship on the developing role of the International Court of Justice and the commentary on international tribunals playing a quasi-political role in international affairs.

Number of Pages in PDF File: 48

Keywords: International Court of Justice, ICJ, Oil Platforms, International Law, Use of force, Iraq

working papers series