Invoke Montreal Sabotage Convention
By Francis A. Boyle
The 1971 Montreal Sabotage Convention is directly on point here, and provides a comprehensive framework for dealing with the current dispute between the United States and Afghanistan over the tragic events of 11 September 2001. Both States are contracting parties to the Montreal Sabotage Convention, together with 173 other States in the World . The United States is under an absolute obligation to resolve this dispute with Afghanistan in a peaceful manner as required by UN Charter Article 2(3) and Article 33 as well as by the Kellogg-Briand Pact of 1928, as well as in accordance with the requirements of the Montreal Sabotage Convention--all of which treaties bind most of the States of the World. In addition, the United States should offer to submit this entire dispute to the International Court of Justice in The Hague (the so-called World Court) on the basis of the Montreal Sabotage Convention, and should ask the Government of Afghanistan to withdraw its Reservation to World Court jurisdiction as permitted by article 14(3) of the Montreal Sabotage Convention. Furthermore, all other contracting parties must invoke the Montreal Sabotage Convention against both the United States and Afghanistan in order to produce a peaceful resolution of this dispute.

Francis A. Boyle
Professor of International Law
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954(voice)
217-244-1478(fax)
fboyle@law.uiuc.edu <mailto:fboyle@law.uiuc.edu>

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