INTERVENTION

211
cy session of the
Security
Council was immediately caled on 2nd
emecurity Council passed resolution condemning Iraqi action and August,raq
a 199
TAraw its torcesunconditionally from Kuwait. On 6th asking to
witnil Dassed another resolution declaring August, 1990, the Security
Const raq. On 9th August, 1990, the Securitycommercial, financial and military bloCKade
agrating 'Null Council passed yet another
and void' irag's annexation of Kuwait
dence of Iraq and asking all other and declaration of Kuwaitresolution
as 19tn
States not to recognize Iraq's
provauently Security Council passed a number of other annexation of Kuwait.
Sune of the above resolutions had any effect on resolutions in this connectioi
but
Iraq.
Consequently, Security Council took action under Chapter VIl of the Charter of
the
IN. On 29th November, 1990, the Security Council passed its twelfth resolution
nlution 678) which allowed the States cooperating with
cessary means to remove iraqi forces from Kuwait. It mayKuwait Government to use "all
be noted that resolution 678
d also provided that in case lraq did not
15th January, 1991, the States cooperatingimplement Resolution 660 and other resolutions
with the Kuwait Government could use "all
essary means" to implement resolution 660 and to maintain international
rity.But even this resolution did not have the
desired effect on Iraq.
peace and
Gulf war (1991) started on 17th January, 1991.
raGi power and forced Iraq to withdraw its forces
America and its allied forces crippled
from
irad announced that it was withdrawing its forces fromKuwait. On 26th January, 1991,
Kuwait.
Council established a committee which would hear claims of Later on, the Security
corporations who surered damage during war and to award States, individuals and
compensation to them.
Iraq was clearly and without any shade of doubt
and for that matter against the whole guilty of aggression against Kuwait,
international
annexation of Kuwait was a flagrant violation of Articles community.
2(3)
Iraq's invasion and
and 2(4) of the U.N. Charter.
The Security Council, therefore, rightly took action under
is the most successtul collective action taken Chapter VIl of the Charter. This
of the Charter.
by the Security Council under Chapter VIl

(19) Kurd's Problem and the Legality of the Action taken America and the U.N.-
After being badly defeated by America and its allies during the by
Gulf War (1991), Iraq was
confronted with many serious problems. One of such serious problems was insurgency of
Kurd's people who utilized this opportunity for
independence from lraq. Though the armies ofstarting struggle
Saddamself-determination
for and
President Hussain of Iraq were
badly defeated by America and its allied armies, soldiers loyal to him, ruthlessly crushed
the Kurd's revolt. Due to the atrocities caused
by the armies of President Saddam
Hussain of Iraq, lakhs of Kurds fled crossing the borders of Turkey and Iran. About 15
lakhs Kurds became refugees in their own country as well as in the
countries. On 4th March 1991, America warned President Saddam Hussair1neighbouring
to stop the
use of helicopters against the Kurds. On 5th
March, 1991, the United Nations
Council passed a resolution asking Iraq to stop repression of its civilians and Security
to allow
international humanitarian agencies to visit Iraq without any obstruction. The resolution
Condemned Iraqi repression of its civilian population and added that it posed a threat to
international peace and security as large number of refugees were
borders.
fleeing across Iraqi
On 11th April, 1991, America once again warned Iraq not to fly its helicopters and
aircrafts on its borders with Turkey. On 12th April, 1991, America announced that it would
implement a four-point "operation provide comíort". In the first phase of the operation
medicines and materials for shelter were to be air-dropped. In the second phase, America
was to construct refugee camps in Iraqi areas, and these camps would later on be
entrusted to international agencies. In the third phase, America would ensure that
continuous supplies reached the refugees through aircrafts, trucks and helicopters. In
tnefourth and the last phase, America would entrust the refugee camps to international
agencies such as the United Nations and International Red Cross. On 28th April, 1991
Secretary-General announced that he would ensure that the U.N. took the
esponsibility of refugee camps from America. There were reports that America and its
 277
, A W OM S E A

ritory into under the sea, without

territory of the. other (2) iM in
the
encroachment on the natural
parties areasapplication
land
of the
of elimitation leaves to the
the
prec,ediny
that overlap, these sub
in agreed proportions or failing are to h
en them risdiction,
jurisdiction, user, or Agreemernt, equally, unless theay
exploitation for the zones of
e a n e of joint
tthe
he of
negotiations, the factors to b9 taken intg overlap or any
ne
course

afiquration of the coAsts

m
(0)
neral contiguration. of the account are to
f 1 h e n
g e n e r a

features (2) s0 far parties, as well as the presenc.e

he

(1)
unusual as known or
e eCial
or
Jlstructure and
natural resOurces, of the
readily ascertainable the
/ 8 n dg e o l o g i c a l
elemer
ent of a reasonable Continental Shelf
degree of proportionality, argas
Oul n
(3)
the
Accoro
ance with quitable which a
principles ought to bring about betweerndelimitation
.
Shelf appertainin with coastal
areas the extent
neC o n t i n e n l a lS h e l l
State and the
eneral direction of the coastline,
account being taken forlength ofits coast
orprospective, of of any ofher this purpose
/ P d

ecis, a c t u a l Continental Shelf delimitations o

in that
s a m e region, between
Being intiuencedhy
ANAPMS1ales
States
by the above verdict of the
Convention on the La Law of the Sea,
International Court of Justice, Article
t h eU.N. Conu
1982, provides that delimitation of the
ween States with opposite or adjacent
eis of international laW, as referred to in coasts shall be effected by
ntinenlalS h e l f

Article 38 of the Statute of the

of Justice, in oorder to achieve an
n a l Court
within a reasonable
equitable
ble period of time, the States solution.s If no agreement
ched
concerned shall resort
provided in Part XV (i.e. settlement of disputes).4 to the

sottlement, as provided in paragraph1, the States

peration, shall make every effort to concerned, in
Pending

nding and Co-ope a spirit of

o1andn a nractical
grangements nature, and, during this transactional enter into
provisional
ho reading of the final agreement. Such period, not to jeopardise
han

final delimitation. VWhere there is an arrangements

to the final shall be without
TejuOIce
agreement
rned questions relating to the delimitation of the in force between the
quatesd in accordance with the provision of that agreement.86 continental shelf shall be
0es not at all mention the principle of equidistance. It
( 9 1 e / m i n e d

Thus the 1982

does
emphasizes agreement
ConNehe Darties. However parties "in order to achieve an equitable
Nut the principle equidistance conclude the agreement. solution" may take
of to
Case concerning Continental Shelf
Republic),3
is the next case decide by the International (Tunisia-Libyan
Arab
Court of Justice regarding
nitation of continental shelf between two states. In this case the court
tance of "the satisfaction of equitable principles" in the delimitation stressed the
d as requested in 1978 to determine principles and rules of international process.88 The
law which
i 20plicable to the delimitation between Tunisia and Libyan Arab
Jamahiriya
ESpective area of continental shelf appertaining to each. The court considered
of the
s well as evidence based on geology,
arguments
physiography and bathymetry on the basis of
wich each party sought to claim particular areas of seabed as the
natural prolongation of
s teritory and concluded in its
judgment of 24 February, 1982 that the two countries
ahufted on a common continental shelf and that
ssistance for the purpose of delimitation.
physical criteria were therefore of no
Consequently, it had to be guided by "equitable
pntciples" and by certain factors such as the necessity of ensuring a
asonable degree
proportionality between the areas allotted and the lengths of the coastline concerned,
UIne application of the equidistance method could not, in the particular circumstances
ne case lead to an equitable result. With respect to the course to be taken by the
miaion line the court
distinguished two sectors near the shore, it considered havin9
83.
4.
Article 83, paragraph1
lbid, paragraph 2.
85Paragraph
%. Paragraph 3.4.
7.
8.
1CJ.Reports 1982, p. 21.
lbid., p. 47,
para 44.