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The Rainbow Warrior Case (1986)

Ruling Pertaining to the Differences Between France and New Zealand Arising from the Rainbow Warrior Affair
19 Reports of International Arbitral Awards 199 (2006)

Written by Sean Carroll, JD

Facts

France sank the Rainbow Warrior, a New Zealand vessel, killing a Dutch national. Two French military officers pleaded guilty in New Zealand and were sentenced to ten years in prison. The Prime Minister of The Netherlands appealed, and France and New Zealand asked the United Nations Secretary-General for an “equitable and principled” judgment on various matters, the foremost of which was whether the French prisoners should be returned to France. In addition, New Zealand sought $9 million in damages. France was willing to pay no more than $4 million.

Rule of Law

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Issue

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Holding and Reasoning (de Cuellar, U.N. Secretary-General)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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