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Reading Summary

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Submitted By gzyzlu
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Pages 2
Dehong Lu
Jean Krasno
International Laws & Foreign Policies
June 22th, 2015
Reading Summary 5

The Gulf of Sidra Incident of 1981: The Lawfulness of Peacetime Aerial Engagements:
The Gulf of Sidra incident illustrates that aerial rules applied by individual states are subject to widely accepted norms, which requires the military aircraft to avoid using the first force during the confrontation with the aircraft of another state. The norm, however, allows the first use of force after giving the warning when it is necessary for immediate national defense. Based on this incident, the formulation of Rules of Engagements must be in line with internationally accepted norms, and to avoid breaking state sovereignty.

The Shooting of Korean Airlines Flight 007: Responses to Unauthorized Aerial Incursions:

Although there were many incidents of civilian/military aircrafts being shot down either accidentally or mistakenly, the international community failed to provide a clear list of norms, which resulted in a overabundance of norms. These norms created contradictions and confusing precedents. The attempt of ICJ to establish global norms has failed since the judgements of the court can only be effective if all the states are willing to follow the court’s decisions. The 1944 Chicago Convention is the most significant treaty which governs the use of airspace by civilian aircrafts and recognizes the unresolved conflict between acknowledging the sovereignty of states and protecting the passengers’ lives.

The Role of the International Criminal Court in Enforcing International Criminal Law:
Kirsch states the need for an international criminal court to prosecute the perpetrators of severe human rights violation. The court is designed to ensure the justice will be done if the national court fail to do so. The inability of national court may result from the involvement of

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