Darren Margolis

Abstract: The United States invasion of Panama in December of 1989, titled “Operation Just Cause,” had several objectives. One, to restore democracy; two, to safeguard American lives; three, to protect the Panama Canal; and four, to apprehend General Manuel Noriega. The purpose of this article is to determine the legality behind these objectives, and determine if the US had jurisdiction over Manuel Noriega. Looking first at the legality behind restoring democracy, the article concludes this concept is not legal under UN law. Intervention to restore democracy has not received universal acceptance, thus the US cannot rely on it as a norm of international law. Looking next at the legality behind invading to protect American lives, this is also not lawful because it is impossible to tell if the amount of force used was truly for the purpose of protecting American nationals. The legality behind protecting the Panama Canal is also not legitimate because the US did not attempt to defend the canal, but rather to completely overthrow the Panama government. Finally the article concludes that the US does have jurisdiction over General Manuel Noriega and can prosecute him because the government of Panama has not demanded his return for their own prosecution.

 

Key Words: Operation Just Cause, Panama, Manuel Noriega, Panama Canal, International Jurisdiction

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