Prior International Delinquency In The Naulilaa Case

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A. Prior International Delinquency
As previously noted, the Naulilaa case establishes standards concerning the use of reprisals. The first criterion is the requirement that the offending state must have committed a prior international delinquency against the claimant state. This "delinquency" may but need not be of a violent nature. Having suffered an injury, the claimant state is entitled under customary international law to employ otherwise illegal acts designed to: (1) Enforce obedience to international law by discouraging further illegal conduct; (2) compel a change in policy by the delinquent state; or (3) force a settlement of a dispute with the delinquent state whose actions breached international law.
B. Preceded by an Unsatisfied Demand
Before a claimant state may undertake an act of
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Proportional Response
If the offending state has refused or has failed to meet the demands, the claimant state may undertake an act of reprisal. Its actions must be necessary to obtain redress, proportionate to the original injury, and cease once satisfactory reparation has been obtained. What constitutes a "proportionate" reprisal, however, is not entirely clear.
1. Reparation: If the purpose of the reprisal is to seek redress forpast violations, the response must be measured against the original injury. This may mean an action resulting in an equivalent amount of property damage or loss of life. The U.N. Security Council has routinely condemned Israel for reprisals which the Council considers disproportionate to the precipitating incident. Such "disproportionate" reprisals often involved force "that exceeded the original injury; that was not in accord with basic notions of humanitarian law; that threatened to expand the dispute so as to endanger world peace; or that exceeded the force necessary to bring about the desired result. Acts of reprisal involving the killing of civilians will normally be considered "excessive" and result in a Security Council

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