Richard A. Falk (951-52) – genocide can’t be shielded by sovereignty, but claims can’t be overridden by unauthorized uses of force delivered in excessive and inappropriate manner.
Reliance on legalism unfortunate for future of int’l law.
Bruno Simma (953) – relies on legalism. NATO can’t make breaches of UN Charter part of its mandate – destructive impact on collective security.
can’t turn exception into policy
Antonio Cassese (953) – clear violation. Have to figure out how to deal with this.
Argues it was ethical but not legal.
Christine Chinkin (953-54) – HYPOCRISY. West would not have intervened in Africa (Rwanda?). Claims of legitimacy thus tainted.
Response to her: now that we have precedent, perhaps easier to convince west to go into Africa next time? Some precedent better than none?