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    Nicaragua v. United States of America

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    Justin Enriquez
    The International Court of Justice ruled that the United States violated its obligation not to use force against Nicaragua. The Court found that the U.S. failed to meet the requirements to lawfully exercise self-defense by using force. Specifically, the countries the U.S. claimed it was aiding did not declare themselves victims of armed attacks by Nicaragua, nor did they request assistance from the U.S. The U.S. also failed to report its actions to the U.N. Security Council as required when acting in self-defense. Therefore, the Court concluded the U.S. use of force against Nicaragua, including attacks and support for contra rebels, was unlawful.

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    Nicaragua v. United States of America

    Uploaded by

    Justin Enriquez
    35 views3 pages
    The International Court of Justice ruled that the United States violated its obligation not to use force against Nicaragua. The Court found that the U.S. failed to meet the requirements to lawfully exercise self-defense by using force. Specifically, the countries the U.S. claimed it was aiding did not declare themselves victims of armed attacks by Nicaragua, nor did they request assistance from the U.S. The U.S. also failed to report its actions to the U.N. Security Council as required when acting in self-defense. Therefore, the Court concluded the U.S. use of force against Nicaragua, including attacks and support for contra rebels, was unlawful.

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    The International Court of Justice ruled that the United States violated its obligation not to use force against Nicaragua. The Court found that the U.S. failed to meet the requirements to lawfully exercise self-defense by using force. Specifically, the countries the U.S. claimed it was aiding did not declare themselves victims of armed attacks by Nicaragua, nor did they request assistance from the U.S. The U.S. also failed to report its actions to the U.N. Security Council as required when acting in self-defense. Therefore, the Court concluded the U.S. use of force against Nicaragua, including attacks and support for contra rebels, was unlawful.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views3 pages

    Nicaragua v. United States of America

    Uploaded by

    Justin Enriquez
    The International Court of Justice ruled that the United States violated its obligation not to use force against Nicaragua. The Court found that the U.S. failed to meet the requirements to lawfully exercise self-defense by using force. Specifically, the countries the U.S. claimed it was aiding did not declare themselves victims of armed attacks by Nicaragua, nor did they request assistance from the U.S. The U.S. also failed to report its actions to the U.N. Security Council as required when acting in self-defense. Therefore, the Court concluded the U.S. use of force against Nicaragua, including attacks and support for contra rebels, was unlawful.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    VERONA, Gian Justin E.

    2D

    CASE CONCERNING MILITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA


    (NICARAGUA v. UNITED STATES OF AMERICA)

    FACTS:

    The case before the International Court of Justice concerns the dispute between Nicaragua and
    the United States, which stems from events subsequent to the fall of the Government of President
    Anastasio Somoza Debayle of Nicaragua in July 1979, and activities of the Government of the United
    States in relation to Nicaragua since that time. Frente Sandinista de Liberacion Nacional (FSLN), the very
    same body that led the armed opposition against the former, replaced the government of Somoza. The
    attitude of the United States Government to the government installed by FSLN was at first favorable; and
    a program designed to provide economic aid to Nicaragua was adopted. However, in 1981, such attitude
    changed leading to the suspension of the aid to Nicaragua in January 1981 and was eventually
    terminated in April 1981. According to the United States, the reason for this change of attitude was
    reports of involvement of of the Government of Nicaragua in logistical support, including provision of
    arms, for guerillas in El Salvador. There was however no interruption in diplomatic relations. In a
    testimony called by Nicaragua in September 1981, it was said that the United Stated has “decided to plan
    and undertake activities directed against Nicaragua.”

    The armed activities against the new Government in Nicaragua comprised of various movements
    that were later on organized into two main groups: the Fuerza Democratica Nicaraguense (FDN) and the
    Alianza Revolucionaria Democratica (ARDE). “Covert” operations of the United States personnel and
    persons in their pay contributed to the developments of armed opposition, which was initially kept from
    public knowledge. However, the President and high United States officials made such “covert” operations
    clear, not only in the United States press, but also in Congress and in official statements. It was made
    public that the Government of the United States had been giving support to the contras, a term employed
    to describe those fighting against the Nicaraguan Governmment. In 1983, the United States government,
    through a legislative act, provided provisions for funds to be disbursed for US intelligence agencies for
    supporting “directly or indirectly, military or paramilitary operations in Nicaragua.” As described by
    Nicaragua, the contras have caused it considerable material damage and widespread loss of life, and
    have committed such acts as killing of prisoners, indiscriminate killing of civilians, torture, rape, and
    kidnapping. Nicaragua contended that the United States Government is effectively in control of the
    contras, that the US Government formulated strategy and directed their tactics, and that the purpose of
    Government was, from the beginning, to overthrow the Government of Nicaragua. In addition, Nicaragua
    argued that the United States Government ordered the attacks against their mining ports, oil installations,
    and a naval base. It was also alleged by Nicaragua that aircrafts belonging to the United States flew over
    Nicaraguan territory to gather intelligence, supply the contras in the field, and to intimidate the people of
    Nicaragua..

    Nicaragua claims that the United States has acted in violation of Article 2, paragraph 4, of the
    United Nations Charter, and of a customary international law obligation to refrain from the threat or use of
    force; that its actions amount to intervention in the internal affairs of Nicaragua, in breach of the Charter of
    the Organization of American States and of rules of customary international law forbidding intervention;
    and that the United states has acted in violation of the sovereignty of Nicaragua, and in violation of other
    obligations in general customary international law and in the inter-American system.

    ISSUE:

    Use of Force

    Whether the United States violated its customary international law obligation not to use force
    against another State, when it directly attacked Nicaragua in 1983 and 1984 and when its activities of
    training, arming, equipping, and financing of the contras resulted in the use of force

    RULING:

    YES. The International Court of Justice, in deciding this case, reiterated the requirements on the
    exercise of the exercise of the right of self-defense, as stated in Article 51 of the United Nations Charter. It
    states:

    “Nothing in the present Charter shall impair the inherent right of individual or collective
    self-defense if an armed attack occurs against a Member of the United Nations, until the
    Security Council has taken measures necessary to maintain international peace and
    security. Measures taken by Members in the exercise of this right to self-defense shall be
    immediately reported to the Securty Council.”

    Customary international law provides for certain exceptions to the prohibition on the use of force.
    One of which is the right to individual or collective self-defense. International law provides requirements
    that States must meet in order to exercise the right of individual or collective self-defense. The
    requirements are as follows:
    1. A state must have been the victim of an armed attack;
    2. That state must declare itself as a victim of an armed attack;
    3. In the case of collective self-defense, the victim state must request for assistance;
    4. An attacked state, does not, under customary international law, have the same obligation as
    under Article 51 of the UN Charter to report to the Security Council that an armed attack
    happened.

    The International Court of Justice held that the United Stated States failed to comply with the
    abovementioned requirements, which shall justify its use of force. The Court noted that (1) none of the
    countries who were allegedly subject to an armed attack by Nicaragua declared themselves as victims of
    an armed attack; (2) none of the alleged countries requested assistance from the United States to
    exercise its right of self-defense; (3) Article 51 of the UN Charter was not resorted to by the United States
    when it used force; and (4) the United States failed to report to the Security Council that it was acting in
    self-defense.

    The ICJ ruled that the condition sine qua non required for the exercise of the right of collective
    self-defense by the United States was not men in this case. As regards necessity, the Court observed that
    the United States measures taken in December 1981 do not constitute a “necessity” justifying the United
    States action agains Nicaragua on the basis of assistance given by Nicaragua to the armed opposition in
    El Salvador.

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