CYIL Vol. 4, 2013

THE ATTITUDE OF THE UNITED STATES TOWARD INTERNATIONAL LAW shot down an Iranian civilian plane. 63 Iran later sued the United States for both incidents before the International Court of Justice. The ICJ ruled in Iran’s favor in the Oil Platforms case. 64 The United States and Iran settled the Airbus case diplomatically without the need for a court ruling. The Reagan administration agreed to pay Iran $ 61.8 million in compensation for the victims but did not apologize, nor accept responsibility. 65 President Bush was much more conciliatory than Reagan. However, one of his first acts as president was to invade Panama and overthrow the government of General Noriega. Noriega was subsequently captured and extradited to the United States to face drug charges. 66 The invasion came on the eve of the end of the Cold War and it sent a bad message to the international community that the United States was not willing to shed its past behavior and enter into a new spirit of cooperation with the Soviet Union. A resolution in the Security Council sponsored by Nicaragua was vetoed by Britain, France and the United States. However, a similar resolution in the General Assembly condemning the invasion received a majority vote of 75 in favor, 20 against, with 40 abstentions. 67 Following the end of the Cold War the United States began to retreat from its multilateral commitments and took an attitude toward international law and institutions that can be defined as “ American exceptionalism .” 68 Although President Bush (41 st president) had a better understanding of the benefits of international law than his predecessor, he of course continued that policy of American exceptionalism. After Iraq invaded Kuwait, President Bush immediately referred the situation to the Security Council instead of acting unilaterally. He won the backing of the other permanent members of the Security Council to impose comprehensive sanctions on Iraq. 69 In the months following the invasion, President Bush exhausted all diplomatic channels before returning to the Security Council for authorization to use military force against Iraq. This was an unprecedented move by the Bush Administration, as Kuwait retained its right to self-defense under Article 51 and could call on the United States for assistance. The operation against Iraq did not exceed the mandate of the Security Council. Notwithstanding the questionable air attack on Iraq’s retreating convoy on the highway between Kuwait and Basra, the war was in compliance with international humanitarian law. Bush ordered a halt to military operations, even 63 Margaret G. Wachenfeld, Reflagging Kuwaiti Tankers: A U.S. Response in the Persian Gulf, 37 Duke Law Journal, 174 (1988). 64 Oil Platforms (Islamic Republic of Iran v. United States of America , Judgment Nov. 6, 2003, I.C.J. Report (2003). 65 Aerial Incident of July 3, 1988 (Islamic Republic of Iran v. United States of America-Settlement Agreement, ICJ, February 9, 1996. 66 United States v. Noriega , 117 F.3d 419 (5 th Cir. 1999). 67 U.N. G.A Res/44/240 (1989). 68 Edward Luck, American Exceptionalism and International Organization: Lessons from the 1990s, in Rosemary Foot, et al. , eds., The United States and Multilateral Oranizations (2002). 69 S.C. Res. 661 (1990).