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107 Mil. L. Rev. 5 (1985)
The Falkland (Malvinas) Islands: An International Law Analysis of the Dispute Between Argentina and Great Britain

handle is hein.journals/milrv107 and id is 11 raw text is: THE FALKLANDS (MALVINAS) DISPUTE THE FALKLAND (MALVINAS) ISLANDS: AN INTERNATIONAL LAW ANALYSIS OF THE DISPUTE BETWEEN ARGENTINA AND GREAT BRITAIN by Major James Francis Gravelle* Then, too, in the case of a state in its external relations, the rights of war must be strictly observed. For since there are two ways of settling a dispute,-first by discussion; second by physicalforce; and since the former is charac- teristic of man, the latter of the brute, we must resort to force only in case we may not avail ourselves of discus- sion. Cicero (B. C. 106-43) I. PROLOGUE: PURPOSE AND METHODOLOGY OF THE ANALYSIS On April 2, 1982, the armed forces of Argentina invaded the Falk- land (Malvinas) Islands.' Argentina and Great Britain faced each *Judge Advocate General's Corps, United States Army. Currently assigned as Senior Instructor, International Law Division, The Judge Advocate General's School, U.S. Army, Charlottesville, Virginia, 1982 to present. Formerly assigned to the Criminal Law Division, Office of The Judge Advocate General, U.S. Army, 1977-81; Office of the Staff Judge Advocate, Fort Gordon, Georgia, 1973-76; Company Com- mander and Battalion S-3, 7th Student Battalion, Fort Benning, Georgia, 1967-69; Pla- toon Leader, 1st Infantry Division, Republic of Vietnam, 1966-67. Completed 25th Judge Advocate Officer Advanced Course, 1977; 69th Judge Advocate Officer Basic Course, 1972; Officer Candidate School, Fort Benning, Georgia, 1966. LL.M., The George Washington University, 1982; J.D., Mercer University, 1972; B.S., Northern Michigan University, 1965. Member of the bars of the state of Michigan, the Federal District Court for the Western District of Michigan, the United States Court of Military Appeals, and the United States Supreme Court. This article is based upon a thesis sub- mitted in partial satisfaction of degree requirements for an LL.M. in International Law at The George Washington University. 'Washington Post, Apr. 3, 1982, at Al, col. 1. Throughout this article, the Falkland Islands will be referred to as the Islands. The United Nations, when referring to the Islands, includes the word Malvinas in parenthesis. Malvinas is the title for the Islands generally used in countries where Spanish is spoken. This is done as a result of a decision in 1964 by the Special Committee in the Situation with Regard to the Im- plementation of the Declaration on the Granting of Independence to Colonial Coun- tries and Peoples. See 19 U.N. GAOR Annex 8 (Agenda Item 21, addendum item part 1), at 439, U.N. Doc. A/5800/Rev. 1 (1964-65). The Special Committee, also known as the Committee of 24 because of the number of members, was established by the General Assembly in 1961 and has been the operative committee since that time, con- cerning territories under foreign domination. See G.A. Res. 1654, 16 U.N. GAOR Supp. (No. 17) at 65, U.N. Doc. A/1500 (1962), which established the Special Committee. 19851