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24 Yale J. Int'l L. 537 (1999)
The Use of Force to Respond to Terrorist Attacks: The Bombing of Sudan and Afghanistan

handle is hein.journals/yjil24 and id is 549 raw text is: Colloquy
The Use of Force to
Respond to Terrorist
Attacks: The Bombing of
Sudan and Afghanistan
Jules Lobelt
I.    INTRODUCTION
On August 20, 1998, the United States fired Tomahawk missiles at sites
in Afghanistan and Sudan. The missile strikes destroyed the El Shifa
pharmaceutical plant located in Sudan's capital, Khartoum. The United States
also targeted training facilities in Afghanistan believed to be under the control
of Osama bin Laden, the man depicted by the Clinton Administration as the
terrorist mastermind behind the August 7, 1998 bombings of the American
embassies in Nairobi, Kenya, and Dar es Salam, Tanzania.
The United States promptly notified the Security Council that the
military strikes were legally justified as measures taken in self-defense, under
Article 51 of the United Nations Charter.! President Clinton stated that the
United States had convincing evidence that bin Laden was behind the
embassy bombings and had planned to attack other American targets in the
immediate future.2 Administration officials claimed that the Sudan factory
was producing chemical warfare-related weapons and was linked to bin
Laden's terrorist network.3
The Security Council did not meet publicly to evaluate the U.S. military
action, as it did in 1986 and 1993 when the United States launched air strikes
in response to the alleged terrorist acts and plots of Libya and Iraq.4 Thus far,
t    Professor of Law, the University of Pittsburgh. I wish to thank my research assistants
Neelie Shreiber and John Monocello for their valuable research assistance and the staff at the Document
Technology Center at the University of Pittsburgh for their technical support.
1.   See U.N. CHARTER art. 51; U.S. Strikes Back NEWSDAY (New York), Aug. 21, 1998, at
A38.
2.   See Art Pine, US. Targets Heart of Terror, L.A. TIMES, Aug. 21,1998, at Al.
3.   White House Special Briefing with Sandy Berger, National Security Adviser, Fed. News
Serv., Aug. 21, 1998, at 1.
4.   See Albright Takes Case to UN., STAR-LEDGER (Newark, N.J.), June 28, 1993, at Al;
Michael I. Berlin, Raid on Libya Condemned by U.N. General Assembly, WASH. POST, Nov. 21, 1986,
at A30 (noting that the United States had blocked a Security Council resolution condemning the raid

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