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12 J. Int'l L. & Econ. 57 (1977-1978)
The Entebbe Operation: A Legal Analysis of Israel's Rescue Action

handle is hein.journals/gwilr12 and id is 67 raw text is: THE ENTEBBE OPERATION: A LEGAL ANALYSIS OF ISRAEL'S RESCUE ACTION. MITCHELL KNISBACHER* On July 9, 1976, the United Nations Security Council met to con- sider a complaint by the Prime Minister of Mauritius, the Chairman of the Organization of African Unity, regarding what was termed an Act of Aggression allegedly committed by Israel against the Repub- lic of Uganda. The act referred to was a successful July 4th operation by Israeli commandos on Uganda's Entebbe Airport in which some 100 hostages being held by pro-Palestinian skyjackers were rescued and returned to Israel. While the debate frequently veered off onto political tangents, its principal focus was on the legal right of a State to take action in self-defense. Uganda claimed that the Israeli operation constituted an act of aggression which violated its sovereignty and territorial integ- rity.' Israel countered that Uganda, through its complicity with the hijackers, had not fulfilled its obligation under international law to protect foreign nationals, or its obligations under the 1970 Hague Convention on the Suppression or Unlawful Seizure of Aircraft,2 thereby legitimatizing as a lawful exercise of the right of self-defense,3 the otherwise impermissible Israeli incursion. *J.D., Harvard University; M.A., M.A.L.D., Fletcher School of Law and Diplomacy; cur- rently employed in the Foreign Commerce Section of the Department of Justice, Antitrust Division. The views expressed herein are those of the author alone, and not the United States government or the Department of Justice. 1. 31 U.N. SCOR (1939th mtg.) 11, U.N. Doe. S/p.v. 1939 (1976). According to Uganda, Israel's action was a violation of art. 2, para. 4 of the U.N. Charter, not justified by art. 51 of the Charter. 31 U.N. SCOR (1943rd mtg.) 58-60, U.N. Doe. S/p.v. 1943 (1976). The delegate of Pakistan claimed that the Israeli action constituted an act of aggression, citing art. 1 of the definition of aggression approved by the General Assembly: Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner incon- sistent with the Charter of the United Nations, as set out in this definition. Defini- tion of Aggression, G.A. Res. 3314, 29 U.N. GAOR (2319th plen. mtg.) 307, U.N. Doc. A/p.v. 2197 (1974). 31 U.N. SCOR (1941st mtg.) 61, U.N. Do. S/p.v. 1941 (1976). As was subsequently pointed out by the French delegate, however, art. 2 of that definition permits consideration of an alleged act of aggression in the light of other relevant cir- cumstances when a determination is to be made as to whether an act of aggression has been committed. 31 U.N. SCOR (1943d mtg.) 31, U.N. Doe. S/p.v. 1943 (1976). 2. 31 U.N. SCOR (1939th mtg.) 51, U.N. )oc. S/p.v. 1939 (1976). 3. Id. at 57.

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