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The diplomatic settlement of the dispute between the United Nations and Israel arising out of the
murder of Count Bernadotte is instructive. In April 1950 the Secretary-General of the United
Nations submitted to the Israeli government a claim for reparation in the sum of $US54,628. The
claim was based on three elements of state responsibility:
(1) failure by Israel to exercise due diligence and to take all reasonable measures for the
prevention of the murder;
(2) liability of the Israeli government for acts committed by irregular forces in territory under
its control; and
(3) failure by Israel to take all measures required by public international law to bring the
perpetrators to justice.
In June 1950 the Israeli government, without formal admission of liability, paid the claim. The
payment was accompanied by a letter from the Minister for Foreign Affairs of Israel, addressed to
the Secretary-General of the United Nations, which stated that Israel sincerely regretted that this
dastardly assassination had taken place on Israeli territory.
2.
The behind the scenes nature of diplomatic settlement of international disputes is illustrated by
the following examples:
A. In 1988 a United States warship, USS Vincennes, operating in the Persian Gulf, shot down an
unarmed civilian airliner operated by Iran Air killing all 290 persons on board. In 1996 the
United States State Department announced that the United States and Iran had settled Irans
claims arising out of this incident, such settlement involving substantial payment by the
United States to the survivors of each victim. See 90 AJIL 278 (1996).
B. In May 1999 during an eleven week air campaign against the Federal Republic of Yugoslavia,
United States military aircraft operating under NATO command bombed, in
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error, the Chinese Embassy in Belgrade, killing three Chinese nationals and wounding twenty
others. On 30 July 1999 the United States and China reached agreement for the payment of
compensation by the United States to the families of the persons killed and to the persons
injured in this incident. Subsequently agreement was reached on the payment of
compensation for property damage. See 94 AJIL 127 (2000).
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