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REACTION PAPER (THIRTEEN DAYS movie)

Having seen the movie about Cuban Missile Crisis for the first time and became
aware how susceptible that part of world history to a probability of World War III, made
me realized how JFK did a great job for having in control of the whole situation despite of
all political pressures.
However, applying the rules on International Law, violations and breaches of
obligations are inevitable just to come up with a doable resolution in order to bypass the
possible nuclear warfare between United States and Soviet Union.
Examining the actions of both States involved, the act of blockade done by the
United States for vessels going to Cuba was clearly an act of war, knowing that the
blockade will be done in the international waters, considering the freedom of navigation
on the high seas was emphasized by USSR in the response to the U.S. declaration of
blockade. Though, Kennedys administration believed that USSR may not be provoked
to make any attack just by a mere blockade, but that was the risk they have to take if
ever misunderstandings of actions and intentions will surface along the way. But the
United States had a way out to avoid such declaration of war by highlighting the
provisions on the Rio Treaty for the defense of the Western Hemisphere. Missiles in
Cuba were offensive in nature and that would endanger the national security of United
States, notwithstanding the defiance of USSR of their existence during the Security
Councils meeting, circumstantial evidence proved that they in fact existed as seen in the
photographs taken by the U-2 planes. Fortunately, the operation quarantine obtained a
unanimous vote from the members of the Organization of American States.
Question as to the act of blockade can be qualified as use of force can be
justified in every set of facts and in every turn of events. International law can sometimes
be indeterminate, lacking of precise definitive line that could identify whether an action is
illegal or not. United States made legal justification by a unanimous vote authorizing the
blockade by the OAS, showing a collective decision of the organization that the entirety
of America apprehended a sense of danger caused by the installations of ICBMs in
Cuba.
The firing and shutting down of U-2 planes of the United States in the Cuban
airspace were indeed a violation of International Law. Though there was a good reason
for such actions since the mere flying over Cuban airspace was a deliberate
interference, but firing and shutting down the planes should be the last resort.
Appropriate warming to land or to change course must be given first before any attack.

Furthermore, the exchange of notes/letters between Khrushchev and Kennedy


along with the political/diplomatic talks of their authorized representatives regarding the
pledges of the United States not to invade Cuba and to provide any aid in such
enterprise in exchange to dismantle and remove missiles in Cuba as well as the missiles
in Turkey for the benefit of USSR, constitute an international agreement which provides
rights and obligations and therefore must be obeyed and respected by both states.
The efforts of President Kennedy for non-use of force in dealing with the Cuban
Missile crisis were highly commendable. Resorting first to diplomatic resolutions and
international political pressure against USSR were noteworthy to contain the situation
and have saved millions of lives. Noted in one of his speeches in the movie, peace
should not just be in our time but in all of the time, a remarkable lines giving us the idea
that a great leader is not the one who wins the war, but the one who can avoid it.

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