The Rainbow Warrior Case (1990)
France-New Zealand Arbitration Tribunal
74 ILR 241 at 256, 82 International Law Reports 500 (1990)
France sank the Rainbow Warrior, a New Zealand vessel. Two French military officers were sentenced to ten years in prison in New Zealand. Upon a request for arbitration from France and New Zealand, in July 1986, the United Nations Secretary-General ordered New Zealand to return the French officers to France so that they could be transferred to a French military facility on the isolated island of Hao in French Polynesia for three years. Pursuant to the secretary-general’s ruling, the countries entered into three agreements to effectuate the ruling. Consistent with the ruling, the agreements provided that any dispute arising from the agreements would be heard by an international tribunal upon the petition of either country. One of the officers became seriously ill and one of the officers became pregnant. France permitted each military officer to leave Hao before the three-year period ended and prior to receiving New Zealand’s consent. When the ill officer recovered, he was not returned to Hao. New Zealand unilaterally commenced an arbitration proceeding, seeking the return of the French officers to Hao.
Rule of Law
Holding and Reasoning ()
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