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Global Lawlessness
and
Justice
is a member of the research staff of the Institute for the Study of Militarism
JON FRAPPIER
2701 Folsom Street, San Francisco, CA 94110. This research was
and Economic Crisis (ISMEC),
conducted in preparation for the Permanent People's Tribunal, Session on Nicaragua, Brussels,
Belgium, October 5-8, 1984, at which ISMEC's Director, Marlene Dixon, presented the case
against the U.S. government's Central America policy. The author wishes to acknowledge the
assistance
of June Kress
2 Frappier
the consistent pattern of disregard for international law by theU.S. govern?
ment sinceWorld War II, and to emphasize in particular the dangerous and
often lawless attitude and actions of the Reagan administration.
One of themost striking contradictions that surfaced during our research
is the difference between the rhetoric of the various U.S. administrations
about the need for international law and the often total disregard for themost
basic principles of international law, such as nonintervention in the affairs
of other
countries.
wrong
US.
International
Lawlessness
A Note About
International Law
of
sanctions.
Treaties are a major part of international law. The laws governing treaties
were codified at the Vienna Convention of 1969, which came into force in
1980. However, neither theUnited States nor the Soviet Union are parties
to this treaty; and it applies only to treaties coming into effect after 1980
(ibid. : 121).Despite these limits, itdoes represent the customary international
A. Latin America
1. Introduction
The history of U.S. military, political, and economic intervention inLatin
America is an extremely long one, beginning with the conflicts with Spain
Frappier
and other European countries over the control and annexation of territory,fol?
lowed by direct U.S. intervention in theLatin American countries and more
recently the covert and full-scale military operations against established
bilateral agreements).
In an earlier period of our history, it is important to point out, the original
the
doctrine followed by the United States in theWestern Hemisphere,
Monroe Doctrine, was not, as is often asserted, a justification for intervention
in the internal affairs of other countries. The original doctrine as outlined by
President Monroe in 1823 stated that theAmerican continents should not be
seen as the area of colonization for European powers. The beginning of a
"legal"
justification for interventionist policies came when President
Theodore Roosevelt added a corollary to theMonroe Doctrine in 1904 giving
theUnited States the right to intervene to collect the debts Latin American
countries owed to European countries. The proclaimed rights of U.S. inter?
vention included installing governments to administer the countries' public
finances, and if this did not result in debt repayment, seizing control of the
customs houses (Boyle, 1984: 5-7).
We have chosen to present this section on Latin America separately
because of the special history theUnited States has had in this region of the
world and also because of the alarming number of violations currently being
committed by theReagan administration inCentral America.
U.S.
International Lawlessness
in human lifewrought byWorld War II. At the time of the founding of the
member nations not only signed a charter which established the
organizational structure tomaintain world order, but also put their names to
a document thatendorsed the principles of nonintervention. Shortly after the
establishment of theU.N., theUnited States and the other countries of the
Americas created theOrganization of American States to serve as a regional
U.N.,
II, theUnited States pursued theCold War policy towards the Soviet Union.
Consequently, the primary justification forU.S. interventionistpolicy was the
premise thatcommunists were trying to take over a particular country, which
threatened the national security of theUnited States.
In most instances, very little concrete evidence was presented to sub?
stantiate these charges (e.g., the charge that theNicaraguan government is
supplyingweapons to theguerrillas inEl Salvador). Inmany cases of interven?
tion,U.S. private economic interests faced the threatof social and economic
reforms implemented by new governments for the benefit of their peoples.
Many of the corporations active inLatin America have historically been able
to control and directly influence the governments in power. Whenever there
was threatof revolutionary changes or even reforms, the charge of communist
Frappier
tatorship. President Arbenz had been elected in 1951 after Guatemala had
been ruled formany years by a U.S.-supported military dictatorship. One of
Arbenz's early policies was an agrarian reform program which affected the
United Fruit Company. After public charges in theU.S. thatArbenz had com?
munist tendencies, theCIA recruited a colonel from theGuatemalan military
and supplied arms, planes, and pilots to overthrowArbenz (Jonas, 1983:4-5).
Violation: Article 2(4): of theUN. Charter and Articles 18 and 20 of the
Article 2(4): of the U.N. Charter and Article 18 of the OAS Charter.
Cuba (1962): During themissile crisis, theU.S. imposed a naval blockade
to prevent the further importation of war materiel. The U.S. had used Article
6 of theRio Treaty (collective self-defense against aggression): to justify the
arms embargo. However, no armed attack had taken place against Cuba and
therefore the treaty gave no authorization to the U.S. to "defend" Cuba
against intervention. In the 1975 Protocol of Amendment to the Rio Treaty,
therewas a change inArticle 6 providing the following: "Any assistance the
organ of consultation may decide to furnish a State Partymay not be provided
without the consent of that State." Therefore itwas made explicit that the
only legal way a country could be invaded was if it so requested for the pur?
pose of protecting itself from another aggressor (Rowles, 1983: 394-95).
Dominican Republic (1965): Under President Johnson, theU.S. military
sent 23,000 troops to theDominican Republic to prevent the democratically
elected government of JuanBosch from resuming power after a military coup
in 1963. Violation: Article 2(4): of theU.N. Charter and Articles 18 and 20
US.
International
Lawlessness
more
favorable
to U.S.
interests.
4).
violations that could be cited include the following:
Code, Section 2422, which states that theCIA may not engage
in foreign countries (except as necessary to gather intelligence)
Frappier
unless and until the President makes a finding that each such operation is
important to the national security of theUnited States (Application, Annex
A., p. 13).
? 50 U.S.
Code, Section 413, which states that the President must fully
inform the Committees on Intelligence of the U.S. Senate and House of
Representatives of any such operations. This is the law thatwas violated when
the committees were not briefed on themining operation (ibid.: 3; New York
Times, April 16, 1984).
? Article
36(2) of the Statute of the International Court of Justice and
Resolution of August 2, 1946 of the Senate of theUnited States of America,
which establish the recognition by theU.S. of the jurisdiction of the Inter?
national Court of Justice. President Reagan declared theU.S. would not abide
by the jurisdiction of the Court (Arms Control and Foreign Policy Caucus,
1984: 37).
? U.S. Constitution
(Article 2 section 2), which states that the "President
shall have power, by and with the advice and consent of the Senate, tomake
treaties, provided two-thirds of the Senators present concur." President
Reagan never sought the advice and consent of the Senate regarding his deci?
sion to not accept the jurisdiction of the International Court of Justice (Con?
gressional Record, 1946: 10709).
? The Boland Amendment
(passed inDecember 1982), which states that
funds cannot not be used by theDefense Department or theCIA to "furnish
military equipment, military training or advice, or other support formilitary
activities, to any group or individual," for the purpose of overthrowing the
U.S.
Code 959, 858 (Harvard Law Review, 1982: 1955; Washington Post
25).
September 6, 1984; ACFPC:
? The CIA
is violating firearms laws by "employing unlicensed
individuals and corporations to ship weapons and ammunition toNicaraguan
contra trainingcamps within theUnited States. . .." Violation: Transactions
inFirearms: Unlicensed Dealers, Section 922(a) (ACFPC: 27).
? U.S. law was violated because theCIA
spentmore than the $24 million
authorized for Fiscal Year 1984 for the covert operations against Nicaragua.
U.S.
International
Lawlessness
The excess included funding for the "mother ship" used tomine Nicaraguan
harbors and certain agency overhead costs. Violation: Defense Appropria?
tionsAct of 1984: Limit on spending inNicaragua, Section 775 (ACFPC: 5).
? Acts of terrorism have been carried out
by the contras against people
(foreign nationals, mariners, and international travelers) protected by OAS
Convention. Violation: Organization of American States Convention on Ter?
19).
Currencies, Section 106(b)(2), 206 (ACFPC:
The Reagan administration has allowed El Salvador to deposit local cur?
rencies from imported commodities through the Economic Support Fund
directly into itsdomestic budget rather than into a Special Account, which is
Frappier
10
1. Introduction
The examples that are cited here represent themore blatant and public
examples of violations; however, a case could be made that theUnited States
is constantly violating international law through the activities of theCIA sta?
tions and U.S. military missions which conduct operations affecting the inter?
nal affairs of many countries.
The history of theUnited States sinceWorld War II is one of intervention
into the affairs of other countries throughout theworld. From 1946 to 1975,
there have been 215 instances inwhich theU.S. armed forces were used as
a political instrument.This does not include the actual interventionsand wars
inwhich theU.S. was involved. Rather than using peaceful means of settling
disputes, as outlined in theU.N. Charter, theU.S. has tended to rely on its
armed might to police theworld.
Rules for the conduct of war have evolved through customary law and have
been codified in various treaties and conventions since themid-1800s. The
Hague Conventions of 1899 and 1907 are importantagreements, still in effect,
which prescribe humane treatment of prisoners and civilians. In addition,
chemical warfare, weapons which cause unnecessary suffering,and the attack?
called for theprotection of civilians. During and after theVietnam War, there
has been much debate about how theConvention applies to the case of a local
conflict involving an insurgent force (Trooboff, 1975: 13, 15-16).
The following are representative examples of interventions and wars con?
stituting violations
of
international law by
the Reagan
and previous
administrations.
Chad: The CIA secretly supplied funds and military equipment to the
forces of Hissen Habre (starting in 1981), who was fighting to overthrow the
coalition government of President Goukouni Oueddei
Libyan-backed
1984:
1). Violation: Article 2(4) of theU.N. Charter.
(Peterzell,
In 1981 an administration plan was presented to the House
Intelligence Committee which included "a 'disinformation' plan to embarrass
Muammar Qaddafi, the creation of a 'counter government' of Libyan exiles,
and escalation of paramilitary and sabotage operations inside Libya intended
to demonstrate thatQaddafi faces active internal opposition.'' The goal was
Libya:
to remove Qaddafi once and for all. Itwas reported later thatan administration
U.S.
International
Lawlessness
11
official was in direct contact with anti-Qaddafi Libyan exiles inEurope. The
oil companies withdraw their
administration then requested that U.S.
an
after
initial
refusal,
theycomplied. The administration plan also
employees;
called for a U.S. boycott of Libyan oil and B-52 raids on Libyan training
camps (Peterzell, 1982: 1-4). Violation: Article 2(4) of theU.N. Charter.
to Lebanon
Lebanon: The Reagan administration deployed Marines
war
civil
without
that
be
the
"imminent
there
might
during
notifyingCongress
involvement with hostilities." Even after the first twoMarines were killed,
the Pentagon testified that theywere not really involved in hostilities. Viola?
tion: War Powers Resolution: Reporting Requirements on Hostilities, sec?
tion 4(a).
Greece: During World War II the Greek Communist Party had grown
politically and was themain organization fighting the fascists. After thewar,
itwas in a strongposition to assume power in the country. This state of affairs
did not fit inwith U.S. plans to rebuildWestern Europe through theMarshall
Plan and to oppose the Soviet Union and its allies in other countries. Itwas
12
Frappier
Chief of Staff Omar Bradley, and Secretary of Defense Louis Johnson met
with General Douglas MacArthur. Dulles went on to South Korea and told the
National Assembly that theU.S. was ready to supply themwith materiel to
fight communism (Kim, 1968: 75-76). Violation: Article 2(4) of the U.N.
Charter.
1964:
110-13).
Violation:
Article
2(4)
of the U.N.
Charter.
U.S.
International
13
Lawlessness
Compliance,
and would have retained itsbombs while the Soviets would have been forbid?
den to produce them. The Soviets rejected the Baruch Plan, and the U.S.
rejected theircounterproposal. This scenario, inwhich theSoviets were either
locked intoan inferiorposition, or were asked to cut a major military program
with no reciprocal action by theU.S., was repeated many times over the next
four decades as the following brief outline illustrates.
The U.S. made thenext quantum leap inweapons production when itaccel?
erated hydrogen bomb development in the early 1950s. The Soviet position
during this period (as well as later) was for total disarmament. In 1952, one
of the next major U.S. proposals suggested linking the reduction of conven?
tional forces and weapons (where the Soviets are stronger) to the elimination
14
Frappier
unacceptable to theSoviets. This would have opened up the skies of both coun?
tries for inspection by the other country and again would have given theU.S.
an advantage. Another round of talks ended in failure in 1957, and thereafter
therewas little discussion of total disarmament.
The Cuban Missile Crisis renewed interest in serious arms talks, since the
threatof a nuclear war was very real. The Limited Test Ban Treaty was signed
in 1963. There was some discussion during this period of strategic weapons
control, but the Soviets would not discuss strategic freezes until parity began
to be achieved in the late 1960s (Blacker, 1984: 96-112).
U.S.S.R.
weapons
states.
The
right
to
create
nuclear-free
zones
was
assured.
US.
International
Lawlessness
15
have not received any benefits in terms of technology transfers for having
signed the treaty (Dunn, 1982: 144).
The U.S. has also used the treaty to suit its own political aims. Aid was
suspended to Pakistan in late 1976 and 1979 for violations of the treaty.But
in 1981, when Reagan wanted to bolsterWestern security in the region, sanc?
tions against Pakistan were lifted (Dunn, 1982: 105). The Ford and Carter
administrations had taken a strong approach to stopping the plutonium trade.
The Ford administration took a strong position on the need to control the
reprocessing and recycling of plutonium, but did nothing about it.The Carter
administration declared an indefinitedeferral of U.S. commercial reprocess?
ingand recycling of plutonium and stopped federal funding for several of these
projects, including theClinch River Breeder Reactor. Carter did retreat some
on thispolicy, in the face of resistance fromEurope and Japan, who saw this
as denying them the energy sources theyneeded. In fact, allowance for a low
enriched uranium fuel was made (Levanthal, 1984: 7). The Reagan admin?
istration,however, immediately rescinded the ban on commercial reprocess?
ing and promoting of plutonium use in other countries. In 1983, Reagan
supposed to give favored status to those that signed the treaty (Levanthal,
1984: 8,9,13).
Additionally, the administration has been charged with violating theNPT
through thenuclear cooperation agreements ithas made. These give long term
(30-year) approvals to foreign reprocessing of plutonium from nuclear fuel
supplied by theU.S. The NPT requires that reprocessing requests be evaluated
and approved on a case by case basis. Members of Congress and some public
interestgroups filed a lawsuit against the administration inMay 1984 to stop
these
practices.
Frappier
16
repeated violations of this (Longstreth, 1984: 11).
ABM
C. Compliance
Issues
1984: 6-7).
(Violations)
The U.S. had been putting small "environmental shelters" over ICBM
silos since the 1960s. In 1973, the size of these shelterswas increased. In 1973
and again in 1977-78, the Soviets charged that thiswas deliberate conceal?
ment, which impeded verification as prohibited by Article XII of theABM
Treaty. In 1979, theU.S. finally stopped using large shelters. In the SALT
II negotiations, the two countries reached an agreement thatno shelters that
impede verification could be used (Longstreth, 1984:9; Longstreth and Pike,
1984: Appendix, 3). The U.S. is testingMinuteman ICBMs to give themABM
capabilities, in violation of Article VI of the Treaty (Longstreth, 1984: 11).
Phased array radar systems: These are radar systems that can have func?
tions both for an ABM system and also for early warning. As part of an ABM
system theywould track ballistic missiles coming into the country at various
locations as well as provide battle management support. For early warning
US.
International
Lawlessness
17
increases the likelihood that the systems could be used forABM purposes. The
U.S. is also charging the Soviets with violating theABM Treaty through con?
struction of its own phased array radar system (Longstreth, 1984: 11).
1. StarWars Weapons System (Nationwide Strategic Defense Initiative)
The Strategic Defense Initiative (SDI) aims at establishing defenses against
a nuclear attack, by intercepting and destroying ballistic missiles in various
stages of attack (Longstreth and Pike, 1984: 1). On January 6, 1984, Reagan
signed National Security Decision Directive 19,which began themultibillion
dollar SDI research and development effort. It consolidated many programs
relating to ballistic missile defense and ordered a number of demonstrations
ABM Treaty.
The currentReagan administration's interpretationof theword "develop''
is at odds with theway development was conceived during the 1972 Senate
Armed Services Committee hearings on SALT I, which stated that develop?
ment was prohibited once it entered the stage of field testing (Longstreth and
Pike, 1984: 16-19).
2. SALT II (1979)
This treaty took six and one-half years to negotiate. It permitted many
weapons developments of the 1970s (including super-accurate counterforce
warheads and multiple warheads on a single missile [MIRVs]), but put a cap
on the number of warheads that could be installed on a missile, and limited
ICBM development. This treatywas never brought up for a vote in the Senate
(Carnesale,
1983: 99).
Frappier
18
Violations: Article IV, paragraph 9 of Salt II limitseach side toone new type
of ICBM. The development of theMX and Midgetman ICBMs would violate
this limit. (Both are currentlyunder development by theAir Force.) The U.S.
says that this is permitted since actual deployment of theMidgetman will come
after SALT II expires (Longstreth, 1984: 10). The Soviets charge a "spirit of
the law'' violation of theSALT II Protocol, which expired in 1981. This Protocol
banned deployment but not development of long-range sea- and land-launched
cruise missiles and said thatparties were towork out mutually acceptable solu?
tionswith respect to theseweapons. The U.S. has been deploying cruisemissiles
since theProtocol expired. The U.S. contends that itdid not ratifySALT II and
is not bound by an expired Protocol (Longstreth, 1984: 10-11).
D.
The section above has shown some of the compliance issues raised by the
currentadministration's actions on arms treaties.These and other actions taken
by theReagan administration raise questions as towhether the administration
would ratherbe free of all treaties and obligations to negotiate. The attitude of
the administration toward the Standing Consultative Commission (SCC) is a
case in point. The SCC was used under Nixon, Ford, and Carter as a forum
quietly thru the SCC. Other allegations were premature, since all the technical
evidence was not in, and Reagan had notwaited for a response from theSoviets
to the inquiries theU.S. had made in the fall session with theSCC. Four of the
asserted violations dealt with "political commitments" tounratified agreements
that the administration refused to ratify (Krepon, 1984: 159). Reagan declared
that the Soviets are "liars and cheats," and key members of his administration
have displayed the same attitude.Former Secretary of State Haig told theSenate
Foreign Relations Committee in 1982 that SALT II was dead. Secretary of
U.S.
International
Lawlessness
19
In 1979, the "two track" decision to simultaneously plan for, deploy, and
negotiate around thePershing II and cruise missiles inEurope was announced.
The IntermediateRange Nuclear Force talks (INF) started in 1981 with deploy?
'
ment tobegin in 1983. Reagan proposed his 'zero option plan'' to cancel deploy?
ment if the Soviets dismantled all their SS-20, SS-4, and SS-5 missiles
worldwide. The Soviets wanted theNATO nuclear weapons counted in any
agreements,which theU.S. would not accept. The Soviets wanted all long-range
nuclear weapons in a certain area counted. The U.S. wanted only land-based
weapons counted?which were theSoviets' military strength.Though therewas
some lastminute negotiating, theU.S. insisted to theend on some deployment of
1984: 287-289).
theweapons and the talksbroke down (Barnaby andWindpass,
The Strategic Arms Reductions Talks (START) are also at a standstill. The
Soviets did not set a date for resumptionwhen the last round ended in 1983. The
U.S. proposal had called fora big cut in theSoviet ICBMs, along with other basic
changes in their strategic forces. The Soviets proposed thatboth sides cut their
launchers below SALT II limits, so that the Soviets would have had to reduce
700 launchers and theU.S. only 200 (DefenseMonitor, 13: 4, 1984: 11).
Three treaties require theU. S. toactively work fora ban on all nuclear explo?
sions testing(the 1963 LTB, the 1967Non-Proliferation and the 1974 Threshold
Test Ban). Despite this, the Reagan administration decided in 1982 to stop
negotiations then inprogress on a comprehensive testban (DefenseMonitor, 13:
4, 1984: m).
The U.S. and U.S.S.R. discussed limitedanti-satelliteweapons in space from
1977 to 1979 (Blacker, 1984: 122). The U.S. broke off the talks toprotest Soviet
actions inAfghanistan. The Reagan administration has shown no interest in
resuming these talks,despite several high level Soviet treatyproposals (Deudny,
1984: 105), includingproposals for sweeping bans and demilitarization of space
(Zhukov, 1984: 56-57, U.N. Press Release WS 1185, June 22, 1984: 2).
In January 1984, Reagan reported toCongress on seven Soviet arms control
violations, but few ifany of these can be proven. The charges included findings
of probable SALT violations which even SALT critics had previously considered
unverifiable or within the permissive boundaries of SALT II. With regard to
violations of the 150 kiloton limitof theThreshold Test Ban Treaty, Carter and
Reagan officials drew differentconclusions from the same evidence. Reagan also
charged violations of chemical warfare bans inAfghanistan and Asia, but scien?
tificevidence is still divided on this issue (Krepon, 1984: 159-160).
The recent new stories of an Arms Control and Disarmament Agency
reporton 17 Soviet violations seem to be another part of the administration's
plan to evade its treatyobligations, by proving that the Soviets have violated
treaties so many times that theU.S. should no longer be obligated to respect
the treaties it has signed with the Soviets (Washington Post, Sept. 13, 1984).
20 Frappier
Of the 17 violations alleged, however, seven are repeats from the January
report, four have been raised and resolved in the SCC, and the remaining six
involved "spirit of the law" type violations which cannot be proven.
The report has not been released but its contents have been thoroughly
leaked. The staffmembers responsible for it are not intelligence and defense
experts but Reagan staffpeople, known for their anti-arms control attitudes.
They have found violations using the same data threeprevious administrations
have failed to find conclusive.
III. International Economics
A. Introduction
International economics is an arena which, until fairly recently, has been
tightlycontrolled exclusively by theworld capitalist powers. Consequently,
there has been a scarcity of international law to regulate the activities of the
large
transnational
corporations.
"have
created
for themselves
a new,
transnational
economic
space,
written to benefit U.S. economic interests; and at the same time, laws which
the poorer nations have tried to get implemented, such as a Code of Conduct
forTransnational, have still not been negotiated because theU.S. and other
capitalist world powers do not want to abide by them.
In addition, economic relations and influence are often used for political
purposes. This can be seen in the example of the U.S.
voting against
international loans forNicaragua even when all the economic requirements
are met. The legislation of the various international financial institu?
tions (IFIs) prohibits the politicization of the loan process and the U.S.
U.S.
International Lawlessness
21
a component of a plan toplace severe pressure on, and perhaps destabilize and
overthrow, Nicaragua's government" (ibid.). Moreover, "they indicate that
theUnited States would block any attempt by Nicaragua to improve its poor
relations with the IMF in hopes of obtaining a loan" (ibid.).
In October 1983, theU.S. reduced Nicaragua's annual import quota of
sugar from 58,000 to 6,000 short tons without negotiation. This violated the
GATT's
nondiscrimination policy;
the GATT's
88-member Council
voted
22 Frappier
unanimously against theU.S. action. Violation: GATT: Non-Discrimination,
1984: 44).
Article XIII(2)
(ACFPC,
The Reagan administration vote to deny five loans toNicaragua from the
Inter-American Development Bank, and to act on political grounds instead of
economic criteria, is a violation of the IDB charter. Critics charge that the
administration's motivation is clear since the loan applications were for non
controversial projects. Violation: Inter-American Development Bank Articles
ofAgreement: Non-Politicization, Article VIII(5)(f)
(ibid.: 45). International
Non
Articles
of Agreement:
Fund for Agricultural
Development
2. El Salvador
In 1981, the IMF sponsored a $36 million loan to El Salvador; itwas the
only loan in the IMF's history to have been brought before the IMF's board
without the approval of its staff.Another $36 million loan was approved in
1982, and at the same time, El Salvador received a $48 million standby loan
from the IMF. "It qualified for the loan only because theUnited States had
deposited nearly one hundred million dollars thatyear directly into thegovern
ment's treasury" (Rossiter, February 1984: 3).
The U.S. has become a powerful advocate forEl Salvador to receive loans
from theWorld Bank and the IDB. Concerned with the safety of its staff, the
World Bank stopped lending money to El Salvador in 1980. However, the
U.S. has pressured theWorld Bank to resume itsprojects. Because of holding
a higher percentage of votes in the IDB, theU.S. has been able to convince
the IDB to continue with major projects in El Salvador (ibid.).
3. Cuba
Cuba belongs to one IFI, the International Fund forAgricultural Develop?
ment (IFAD). Here, theU.S. Congress has mandated thatU.S. contributions
to IFAD not be used for projects inCuba. This' 'earmarking'' of funds violates
IFAD's charter. According to one source in the administration, "We hit them
hard, and we don't ever let up" over Cuba (ibid.: 4-5).
4. Grenada
U.S.
International
Lawlessness
23
government and had also tried to decrease the amount of income from tourism
by persuading countries near Grenada to cut thenumber of touristsusing their
international airports to get to Grenada. Reported one State Department
source: "Haig pounded the table inhis office and ordered his toppolicymakers
forLatin America to ensure that therewould be 'not one penny forGrenada'
inOctober
5. South Africa
U.S. transnational corporations and financial institutions have increased
collaboration with the South African government in violation of theU.N.
imposed sanctions against the apartheid regime (U.N. Centre Against Apar?
theid,Resolutions, pp. 5, 7, 12).
Seven U.S. corporations recently decided to provide technological and
maintenance service to South Africa's nuclear installation. The U.S.
is
to
the
African
South
armaments
its
and
government
assisting
develop
industry
nuclear weapon capability. Since 1981, theU.S. has exported $28 million in
military technology to South Africa. Space Research Corporation has supplied
155mm artilleryweapons and shells. Violation: U.N. Arms Embargo Against
South Africa (UNCAA, Resolutions, pp. 24-25; UNCAA, Apartheid, pp.
30-31).
6. Namibia
In 1974, theUnited Nations issued Decree No. 1 prohibiting themining
ofNamibian natural resources until therewas an end to theSouth African rule
of thecountry. The Reagan administration has decided not to honor thedecree
and has given the go-ahead toU.S. mining corporations to extract minerals
fromNamibia. Violation: U.N. Decree No. 1 for the Protection of Natural
Resources
inNamibia
1984).
24 Frappier
protection ofmarine life, research, and sea-bed mining. It ison the issue of sea?
bed mining thattheReagan administration refused to sign the treatybecause the
'
'common heritage" concept in the treatymeant that theU.S. would not be able
to exploit themineral rights at will. Instead, in 1983, Reagan declared a
200-nautical mile exclusive economic zone for theUnited States (Law of the
Sea,
1984:ix-xxix; Malone,
IV. Human
A. Reagans
1984: 44-45;
Rights Violations
by the Reagan
Administration
months.
For most of its first year, the Reagan administration did not define its
human rights policy. In October 1981, policy was finally addressed in the
Clark-Kennedy Memorandum, which established theReagan administration's
concept of human rights policy and appointed Elliott Abrams to the post of
assistant secretary of the Bureau. Abrams then set up guidelines for human
rights policy, which in effect stipulated that focusing on the human rights
abuses of U.S. allies was "an unfair use of influence" (ibid.: 24). Instead, the
priorities were to "attack Soviet abuses at every opportunity and to avoid the
like theACLU
U.S.
International
Lawlessness
25
have argued thatsince only a few Salvadorans were ever arrested inconnection
with these killings and none were ever convicted, certain conditions set out in
the lawwere notmet. Further, the fact thatReagan vetoed an extension of part
of the law inNovember 1983 has been interpretedtomean that the administra?
tionwas increasingly aware that conditions for certification were not being
met (Arms Control and Foreign Policy Caucus Report, 1984: 9). Violation:
International Security and Development Cooperation Act of 1981: Certifica?
tion forMilitary Aid to El Salvador, Section 728(b).
made by senior AID officials. Critics are claiming that "the decision to cut
back on food aid turnshumanitarian food aid into a weapon inEl Salvador's
civil war"
(ibid.: 18). Violation: Agricultural Trade Development and
Assistance Act: Distribution ofHumanitarian Assistance, Sections 201(a) and
202(b)(3).
26
Frappier
V. Conclusion
Since World War II, the United States government has consistently
violated international law in the pursuit of itsown national interests.Various
administrations and government officials have made a rhetorical commitment
tomaintaining international peace and justice throughout theworld; but the
U.S. government has often placed power politics over and above theprinciples
of international law and the rights of the entire world community.
The Reagan administration has not only been a violator of established inter?
national law but, more significantly, has refused to participate in the process
of negotiation and treaty-building to ensure a more secure world free from the
threat of conventional and nuclear war. Moreover, President Reagan has
attacked institutions like theUnited Nations which embody some of thehighest
principles of international law. There are also many indications from theviola?
tions cited in this article that the Reagan administration may indeed be
preparing for an increased war inCentral America, which represents a threat
not only to the peoples of Central America but to the global community of
nations
as well.
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A Modern Introduction
1982
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to International Law
(4th Edition).
London:
George
Allen
Arms Control
1984a
1984b
(June 27).
Barnaby, Frank
1984
"Nuclear Weapon
et al.
Barry M., Stephen S. Kaplan,
Force Without War: U.S. Armed Forces as a Political
The Brookings Institution.
Boyle, Francis A.
1984
"International Lawlessness
of Illinois College of Law
in the Caribbean
Basin."
Instrument. Washington,
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D.C.:
111.: University
(July 20).
General
Assembly
in
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Child, Chris
and the Case for the United Nations Com?
1984
"Apartheid, Economic Collaboration,
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10707.
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1982
Controlling
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1975
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D.C.:
Washington,
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Johnson, D.H.N.
1984
"The New International Economic Order
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(Part Two).''
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Against
Jonas, Susanne
In
50 Years of Revolution and Intervention inCentral America."
"An Overview:
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Marlene Dixon and Susanne Jonas (eds.), Revolution and Intervention in Central
America. San Francisco: Synthesis Publications.
Joyner, Christopher C.
1984
"The United States Action
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Levanthal,
1984
Paul
28 Frappier
Longstreth, Thomas K. and John E. Pike
1984
"A Report on the Impact of U.S. and Soviet Ballistic Missile Defense Programs on
to Save theABM Treaty (June).
the ABM Treaty." National Campaign
James L.
Malone,
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"Who Needs
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Deadly Deceits: My 25 Years in the CIA. New York: Sheridan Square Publications.
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Myrdal,
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The Game of Disarmament.
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McGehee,
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NACLA
1973
New
NACLA
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York Times
1984
1971
Nicaragua,
1984
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New York:
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(to the International Court of Justice),
Application
in and Against
of U.S.
Covert Activities
Account
Annex A, Chronological
(April 9).
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Peterzell,
1984
Jay
Covert Action Policy (V): Sideshow inChad.'' First Principles (January
"Reagan's
February).
Covert Action Policy (III)." First Principles (March).
1982
"Reagan's
Pike, John (Associate Director for Space Policy at Federation of American Scientists)
1984
Interview (September 5)
Pike, John and Jonathan Rich
In Federation of
1984
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American Scientists Public Interest Report 337:3.
Richardson,
1984
Elliot L.
"Letters."
Foreign Policy
55 (Summer).
Roberts, Alun R.
"The
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Press Release. WS/1185
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Law of the Sea, Official Text of theU.N. Conventions New York: St. Martin's Press.
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1984
September 6; September 13.
U.S.
International Lawlessness
29
Wells, Donald L.
1984
War Crimes and Laws
Wise,
Navosti
Press Agency.
Office on Africa)
APPENDIX A:
HISTORY OF THE USE OF U.S. ARMED FORCES
AS A POLITICAL INSTRUMENT
force occupies parts of China with U.S. Air Force support
1945- 49 CHINA?Expeditionary
to suppress the liberation of the Chinese people.
aircraft is shot down; six B-29's
1946 YUGOSLAVIA?U.S.
carrying strategic nuclear
weapons are deployed to Germany and fly along the border of Yugoslavia.
and other warships are sent to Turkey in
U.S.S. Missouri
1946- 47 TURKEY?Battleship
response to a Soviet presence.
Truman orders the augmentation of U.S.
1946-48
ITALY,
Security of Trieste?President
troops along the zonal occupation line and the reinforcement of air forces in northern Italy after
over Venezia Giulia.
Yugoslav forces shoot down an unarmed U.S. Army transport plane flying
Earlier U.S. naval units are dispatched to the scene.
and Britain intervene to crush communist partisans and establish
1946-49 GREECE?U.S.
repressive rule of colonels, securing Greece as key U.S. military base.
of President
takes place;
1947 URUGUAY?Inauguration
strategic nuclear forces are
are flown in to
long-range bombers assigned to the Strategic Air Command
deployed; U.S.
reassure U.S. allies.
take place; U.S.
force (an aircraft carrier) is initiated against the
1947 ITALY?Elections
Left preceding the elections. Truman's principal objectives in using armed forces to influence
in power and to caution the
political developments are to maintain the de Gasperi government
Italian Communist Party against engaging in large scale violence.
Marine consular guard is sent to Jerusalem to protect theU.S. Con?
1948 PALESTINE?A
sular General.
break a Soviet blockade of surface routes intoWest Berlin, a massive
1948 GERMANY?To
airlift is mounted to carry foodstuffs, fuel, and other supplies to Berlin. B-29 bombers are
deployed toGermany and fly along the border.
are dispatched to Nanking to protect the American Em?
Marines
1948-49 CHINA?U.S.
to Shanghai to aid in the protection
bassy when the city falls to the popular forces led by Mao, and
a change of government occurs.
and evacuation of Americans;
CIA begins operating on Formosa under the cover of Western
1950 INDOCHINA?The
on themainland of China.
Enterprises, Inc., training Nationalist Chinese commandos for raids
sends two divisions of U.S. ground troops to aid South Korean
1950-53 KOREA?Truman
resolution to authorize
also engineers U.N.
forces attempting to take over North Korea. U.S.
authorization is not sought.
invasion of North Korea in violation of U.N. Charter. Congressional
In the aftermath of the outbreak of the Korean War, U.S.
strategic bombers are stationed in
Europe.
1950-53
30 Frappier
CIA agents John Thomas Downey and Richard George Fecteau are captured inChina where they
have been organizing and training two teams of Nationalist Chinese agents to stir up mainland
Chinese against the government.
1953 IRAN?U.S.-backed
coup to overthrow progressive Mossadegh
government. U.S.
gains access to oil and reinstates Pahlevi as Shah to rule Iran as a sub imperialist client regime.
Kermit "Kim" Roosevelt
is the CIA agent who masterminds the downfall of Mossadegh.
AND CHINA?CIA
1953 SOVIET
UNION
Director William E. Colby stated that from
1953 until February 1973, theCIA "conducted several programs to survey and open selected mail
between theUnited States and two communist countries.'' According to a secret Senate memoran?
dum, the CIA survey focused on mail sent to and received from the Soviet Union and China and
was centered inNew York City and San Francisco. Colby states that the purposes of the programs
are "to
techniques."
1953 COSTA
RICA?After
the election of Jos6 (Pepe) Figueres as President of Costa Rica
in 1953, theCIA works with opposition forces in the country in attempts to overthrow the govern?
ment. Of particular concern to the CIA is Figueres's policy of granting asylum inCosta Rica to
communists and noncommunists alike. Figueres, a moderate socialist, steps down from power
after his candidate loses the Presidential election in 1958.
1953 KOREA?U.S.
strategic combat aircraft is deployed to theWestern Pacific to reassure
South Korea and Japan in connection with the end of theKorean War.
1954 GUATEMALA?Using
the fact thatGuatemala
is receiving arms from Soviet bloc
countries, among other sources, theU.S.
implements a longstanding plan to overthrow the pro?
power after the defeat of Arbenz. Agency support includes the provision of CIA-piloted World
War II fighter-bombers, as well as guns and ammunition.
to overthrow the Arbenz government
1954 NICARAGUA?In
connection with maneuvers
in Guatemala, U.S.
long-range bombers assigned to the Strategic Air Command are flown to
Nicaragua,
apparently to reassure U.S. allies.
CHINA/TAIWAN?U.S.
strategic aircraft is deployed, and naval units evacuate
civilians and military personnel from the Tachen Islands.
1956 EGYPT?Egypt
nationalizes the Suez Canal; two U.S. aircraft carriers are positioned
nearby and strategic forces go on worldwide alert; a Marine battalion evacuates U.S. nationals
and other persons from Alexandria during the Suez crisis. An overt and explicit threat is directed
1954-55
U.S.
at theU.S.S.R.
through global actions of U.S.
strategic forces.
ofU.S. military personnel and bases inMorocco
1956 MOROCCO?Security
is undertaken.
U.S. Marine ground forces and transport aircraft are placed in the area.
1956-57 JORDAN?British
influence in Jordan is threatened. British General Glubb
is
ousted; political-military crisis occurs and U.S. uses force in the area (two aircraft carriers).
1957 SYRIA?Political
allies is allegedly
developments occur in Syria; security of U.S.
threatened. Marine ground forces, three aircraft carriers and transport aircraft engage in transport
and exercise activities in the area.
1958 VENEZUELA?Coup
and civil strife inVenezuela;
security of Vice President Nixon
inVenezuela
is undertaken; U.S. Army ground forces and Marine ground forces are present, in
addition to one aircraft carrier and transport aircraft.
1958 INDONESIA?In
early 1958 the CIA gives direct aid to rebel groups on the island of
Sumatra that are attempting to overthrow Indonesian President Sukarno. CIA pilots fly B-26
bombers on missions in support of the insurgents. On May
18, 1958, during such a bombing mis?
sion, CIA pilot Allen Lawrence Pope is shot down and captured by the Indonesians.
1958 LEBANON?Eisenhower
sends 14,000 troops to support pro-Western government of
Chamoun and to crush pro-Nasser nationalist Lebanese opposition. An overt and explicit threat
is directed at the U.S.S.R.
through global actions of U.S.
strategic forces.
1958 JORDAN?Political
crisis occurs in Jordan; Sixth Fleet aircraft carriers, then playing
31
inDecember
1961.
of Berlin is undertaken; Sixth Fleet aircraft carriers,
1959 EAST GERMANY?Security
then playing a key role inU.S.
strategic strike plans, are used to help attain political objectives.
war in Laos takes place; Marine ground forces, three aircraft carriers,
1959 LAOS?Civil
and transport aircraft are deployed.
1959 PANAMA?Fixed-wing
maritime reconnaissance/patrol aircraft from theU.S. and two
April 1961, is a failure. Five more assassination teams are subsequently sent against Castro in
the next two years. All end in failure. The last attempt ismade in late February or early March
1963.
A force of Cuban exiles that have been trained and equipped by theCIA make an unsuccessful
invasion of Cuba at theBay of Pigs inmid-April 1961, inan attempt to overthrow Castro's regime.
The person responsible for the overall supervision of the operation isRichard M. Bissell, Jr., the
CIA's Deputy Director for Plans. Four Americans flying CIA planes, and nearly 300 Cubans die
during the invasion. Over 1,200 survivors are captured by Castro's forces. Following the Bay of
Pigs invasion, Cuban exiles are directed and paid by CIA agents to compile secret files on and
watch over other Cubans and Americans "who associated with individuals under surveillance."
It is estimated that at the height of these activities, roughly 150 informants are on the payroll of
a Cuban "counterintelligence"
office located in Florida.
1961 DOMINICAN
is assassinated; Trujillos
refuse to leave the
REPUBLIC?Trujillo
Dominican Republic; U.S. Army and Marine ground forces, Marine combat aircraft, and three
aircraft carriers are deployed for exercises.
to former CIA agent Philip Agee, the agency begins efforts
1961 ECUADOR?According
in 1961 to bring down the regime of President Jos6 Velasco
Ibarra of Ecuador after he refuses
to sever diplomatic relations with Cuba. Ibarra is overthrown inNovember
1961. His successor,
soon falls out of favor with theUnited States and once again the CIA
Carlos Julio Arosemena,
uses "destabilizing
tactics" to overthrow his government in July 1963. Agee notes thatwhile on
assignment
in Ecuador,
agents manage
to gain economic
and political
32 Frappier
over Ecuador's
labor movement. His CIA team, says Agee, ultimately "owned almost everybody
who was anybody." Also in June 1961, there is an unidentified submarine found off Ecuador.
1961 EAST GERMANY?During
theBerlin crisis, the planned withdrawal of B-47 bombers
planes carry out bombing missions against areas held by rebel forces. The Church Committee
Report of 1975, Alleged Assassination Plots Involving Foreign Leaders, deals at length with the
murder or attempted murder of five individuals, including Patrice Lumumba. The report con?
cludes thatwhile the CIA was not directly responsible for Lumumba's
death, it certainly tried.
Mobutu and Adoula handed Lumumba over to his arch-enemies to be murdered.
war takes place; communist gains occur. U.S. Army ground forces
1962 VIETNAM?Civil
and a transport helicopter are placed in the area for tactical support and transport.
1962- 75 LAOS?From
October
1962 until 1975, the U.S. plays a role of military support
inLaos. Beginning in 1962, theCIA becomes involved in a "secret war" against the communist
forces inLaos. The CIA recruits and trains a private army of at least 30,000 Meo and other Lao?
tian tribesmen. This group is known as L'Armee Clandestine. Pilots hired by the CIA fly supply
and bombing missions
inCIA-owned
airplanes in support of this secret army. Expenditures by
to assist this army amount to at least $300 million a year. Forty or fifty CIA officers
theU.S.
run this operation, aided by several hundred contract personnel. U.S. Army and Marine ground
forces, one aircraft carrier, a submarine, transport aircraft, and a transport helicopter are placed
in the area.
1962 THAILAND?The
3rd Marine Expeditionary Unit lands on May
17, 1962, to support
November
1964, theViet Cong attack Bien Hoa barracks in South Vietnam. U.S. armed forces
that are deployed include: in 1964, Army and Marine ground forces and less than a squadron of
aircraft, an aircraft carrier, and transport aircraft; in 1965, air force combat aircraft, and three
33
aircraft carriers; in 1972 (on two occasions), air force combat aircraft and seven aircraft carriers
for bombing and blockading.
1964 CONGO?The
United States sends four transport planes to provide airlift for Con?
golese troops during a rebellion and to transport Belgian paratroopers to rescue foreigners;
hostages are held in Stanleyville.
1964 CHILE?The
CIA, with the cooperation of theAgency for International Development
and the State Department, secretly funnels up to $20 million intoChile to aid Eduardo Frei in his
successful attempt to defeat Salvador Allende for the Presidency of the country. Richard Helms,
as chief of the Clandestine Services (Directorate of Plans), is actively involved in planning the
efforts by the CIA to defeat Allende.
1964 DOMINICAN
maritime reconnaissance/patrol aircraft and
REPUBLIC?Fixed-wing
a ship are sent by theU.S.
for surveillance activity.
Mid-1960s
themid-1960s
the CIA secretly aids the government of Peru in
PERU?During
its fightagainst rebel guerrilla forces. The agency flies in arms and other equipment. Local Peru?
vian troops are trained by personnel of the Special Operations Division of the CIA as well as by
Green Beret instructors loaned by theU.S. Army. Because of the assistance the Peruvian govern?
ment is soon able to crush the revolt against it.
worsen with Tanzania. Tanzania accuses theU.S. of planning
1965 TANZANIA?Relations
a coup. This is seen as a hostile but nonviolent political act directed at theUnited States. U.S.
naval surface combatant unit has a presence in the area.
1965 VIETNAM?The
Viet Cong attack Pleiku air base and Qui Nhon barracks in South
Vietnam; troops are withdrawn from Europe (see Vietnam, 1964-73 for details about activity of
U.S. armed forces in Vietnam in 1965).
1965 DOMINICAN
REPUBLIC?Some
40,000 U.S. Marines
suppress mass rebellion
which aims to restore a democratically elected government. Balaguer dictatorship is imposed.
1965 GREECE?It
is reported that in 1965, JohnM. Maury, theCIA station chief inAthens,
becomes directly involved inGreek politics. He is reported to help King Constantine buy Deputies
of theGreek Center Union Party, thus bringing about the downfall of the George Papandreou
government.
1965 VENEZUELA?A
U.S.
ship has a presence in the region.
1967 GREECE?It
is reported that the CIA engineers theGreek military coup of 1967 that
to power. It is further reported that theCIA is able tomain?
brings Colonel George Papadopoulos
"wartime col?
tain control of themilitary regime because ithas documentation of Papadopoulos's
laboration with the Nazis."
1967 CONGO?The
U.S.
sends three military transport aircraft with crews to provide the
central government with logistical support during a revolt.
Congolese
1967 CYPRUS?Political
crisis in Cyprus. A U.S.
aircraft carrier has a presence in the
region.
1967 BOLIVIA?The
supervisory role in its implementation. In 1971, Colby reveals thatbetween 1968 and May 1971,
the Phoenix program leads to the death of 20,587 persons in Vietnam.
1968 NORTH
KOREA?The
Pueblo
U.S.S.
is seized by North Korea. This is seen as a
violent attack on U.S.
armed forces. U.S.
air force combat aircraft and 3 aircraft carriers are
deployed to theWestern Pacific. North Korea attacks South Korean fishing boats.
1969 NORTH
KOREA?An
EC-121
is shot down by North Korea. This is seen as a violent
attack on U.S. armed forces. U.S. Army and Marine ground forces, air force combat aircraft,
one battleship, six aircraft carriers, fixed-wing maritime reconnaissance/patrol
aircraft, and
transport aircraft have a presence there and are used in surveillance activity.
1970 JORDAN?As
after the
Jordan moves to crush the Palestine Liberation Organization
hijacking of three airliners, U.S. planes and ships are deployed and troops are alerted to deter
Soviet and Syrian intervention.
1970 ISRAEL?An
Arab-Israeli
cease-fire agreement
(Rogers Plan)
is accepted
by Egypt,
34 Frappier
in
aircraft engages
Israel, and Jordan. A U.S.
fixed-wing maritime reconnaissance/patrol
surveillance activity in the region.
this is seen as a hostile
1970 CUBA?The
Soviets establish a submarine base at Cienfuegos;
but non-violent political act directed at theU.S. Fixed-wing maritime reconnaissance/patrol air?
craft and a naval surface combatant unit engage in escort and surveillance activities.
to clean out "communist sanc?
1970 CAMBODIA?U.S.
troops are ordered intoCambodia
forces
tuaries" fromwhich Viet Cong and North Vietnamese attack U.S. and South Vietnamese
inVietnam. The object of this attack, which lasts from April 30 to June 30, is to ensure the conti?
and assist the program of
of American
forces from South Vietnam
nuing withdrawal
Vietnamization.
1970-73 CHILE?Under
CIA direction over $8 million is channeled into Chile from 1970
to 1973 to "destabilize"
the government of Salvador Allende. The money is used to support
various groups within Chile who are opposed toAllende. CIA agents infiltrate the Socialist Party
in Chile, and organize street demonstrations against the regime (see 1973 below).
a demonstration of support for Pakistan (a U.S. ally) inwar with
1971 BANGLADESH?In
Nixon
carrier task force moves into waters off East Pakistan (now Bangladesh).
India, a U.S.
Enterprise to the Indian Ocean as a deterrence of an Indian attack on West
deploys the U.S.S.
Pakistan.
1973 LAOS?A
in Laos;
U.S.
Air Force
for
bombing activities.
1973 LEBANON?There
is civil strife between Lebanon and Palestinians; a U.S. ship is sent
to have a presence in the region.
1973 ISRAEL?An
Arab oil embargo occurs; after an attack on Israel by Egypt, a massive
U.S. airlift ismounted. An overt and explicit threat is directed at theU.S.S.R.
through global
actions of U.S.
strategic forces.
1973 CHILE?The
CIA backs the overthrow of President Allende; Allende dies within hours
after the coup begins. The CIA establishes Pinochet's bloody military dictatorship with an
estimated 40,000 killed.
1974 CYPRUS?U.S.
Vietnam.
1975 CAMBODIA?The
regime collapses; President Ford orders U.S. military forces to
a mer?
proceed with the planned evacuation of U.S. citizens from Cambodia. The S.S. Mayaguez,
chant vessel en route from Hong Kong toThailand with a U.S. citizen crew, is seized by Cambo?
dian naval patrol boats in international waters and forced to proceed to a nearby island; President
Ford also orders military forces to retake theMayaguez.
to finance an attempt to overthrow the
1975 ANGOLA?U.S.
authorizes $14 million
Angolan government.
1978 ZAIRE?A
ther augmented.
AND PERU?To
1981 ECUADOR
monitor a cease-fire ending fighting between Ecuador
and Peru over disputed border territory, 30 military observers and several helicopters are sent to
the region.
1981 CHAD?CIA
begins supplying funds and military equipment to the forces of Hissen
coalition government of President Goukouni
Habre, fighting to overthrow the Libyan-backed
Oeddei.
1981-84
involv?
NICARAGUA?U.S.
begins destabilization campaign against Nicaragua,
isolation, and financing and equipping
strangulation, attempts at diplomatic
ing economic
counterrevolutionaries who are trained and supervised by the CIA.
Nicaraguan
the first contingent of 670
1982 SINAI?To
monitor the Egypt-Israeli
peace accord,
American soldiers arrives in Sinai to bolster an international force.
1982 LEBANON?To
facilitate the evacuation of PLO guerrillas from Beirut under Israeli
35
SOURCES
Blechman,
1978
Kaplan, et al.
Force Without War: U. S. Armed Forces
The Brookings Institution, pp. 47-49,
Dixon, Marlene
"The
1984
Suez
Syndrome: U.S.
Imperialism
in Decline."
D.C:
Contemporary Marxism
(Winter).
Foreign Affairs Division,
1975
"Background
Accompanies
the U.S.
Flag"
(Main Edition)
(April 5),
APPENDIX B:
CHARTERS AND TREATIES
Charter
of the Organization
of American
States:
Chapter IV?Fundamental
Rights and Duties of States:
Article 18: No State or group of States has the right to intervene, directly or indirectly, for
any reason whatever, in the internal or external affairs of any other State. The foregoing principle
prohibits not only armed force but also any other form of interference or attempted threat against
the personality of the State or against its political, economic, and cultural elements.
Article 19: No State may use or encourage the use of coercive measures of an economic or
political character in order to force the sovereign will of another State and obtain from itadvan?
tages of any kind.
Article 20: The territoryof a State is inviolable; itmay not be the object, even temporarily,
ofmilitary occupation or of other measures of force taken by another State, directly or indirectly,
on any grounds whatever. No territorial acquisitions or special advantages obtained either by
force or by other means of coercion shall be recognized.
Settlement of Disputes:
Chapter V?Pacific
Article 23: All international disputes thatmay arise between American States shall be submit?
ted to the peaceful procedures set forth in thisCharter, before being referred to the Security Coun?
cil of theUnited Nations.
Frappier
36
use of force against the territorial integrity or political independence of any state, or in any other
manner inconsistent with the Purposes of the United Nations.
to Threats
to the Peace,
with Respect
Chapter VII?Action
of the Peace, and Acts of Aggression:
Breaches
Article 51: Nothing in the present Charter shall impair the inherent right of individual or col?
lective self-defense ifan armed attack occurs against a Member of theUnited Nations, until the
Security Council has taken measures necessary to maintain international peace and security.
in the exercise of this right of self-defense shall be immediately
Measures
taken by Members
reported to the Security Council and shall not in any way affect the authority and responsibility
of the Security Council under the present Charter to take at any time such action as it deems
necessary in order tomaintain or restore international peace and security.
American State shall be considered as an attack against all theAmerican States and, consequently,
each one of the said Contracting Parties undertakes to assist inmeeting the attack in the exercise
of the inherent right of individual or collective self-defense recognized by Article 51 of theCharter
of the United Nations.
Vienna
Convention
on the Law
of Treaties
IV?Fundamental
Chapter
Rights and Duties of States
Article 18: Obligation not to defeat the object and purpose of a treaty prior to its entry into
force.
A State is obliged to refrain from acts which would defeat the object and purpose of a treaty
when:
instruments constituting the treaty or has
(a) it has signed the treaty or has exchanged
exchanged instruments constituting the treaty subject to ratification, acceptance or approval, until
it shall have made its intention clear not to become a party to the treaty; or
(b) ithas expressed its consent to be bound by the treaty, pending the entry into force of the
treaty and provided that such entry into force is not unduly delayed.