EXAMINING THE INTERNATIONAL COURT OF JUSTICE’S DECISION
IN THE NICARAGUA CASE
International Law
Submitted by
Reynold Jamatia
SM0115037
3rd Year VIth Sem
National Law University, Assam
1
Content
Table of Abbreviations …………………..………...………….......................................3
Introduction……………………………………………………………………………..4
Aim(s)…………………………………………………………………………………..5
Objectives (s)…………………………………………………………………………....5
Scope and Limitations………………………………………………………….............5
Review of Literature……...………………………………...…………………………..5
Research Questions ………………………………...……………………………….…6
Research Method………………..………………………………………………….….6
Facts……………..………………………………..……………………………….…..7
Issues…………………………………………………………………………….…….8
Claims by Nicaragua…………………………………………………………...…….8
Judgement and findings…………………………………………………………..…9
Conclusion and Analysis…...……………………………………………………….11
Bibliography………...………………………………………………………….... .. ..12
2
Table of Abbreviation
1. All India Reporter
AIR
2. Another
Anr
Chapter
3.
Ch
4. Corpn. Corporation
5. CTC
Current Tamil Nadu Cases
7. Ed. Edition
6. ICJ
International court of justice
8. IPAB Intellectual Property Appellate Board
9. JIPR
Journal of Intellectual Property Rights
10. Ltd
Limited
11. Mad.
Madras
12. Nag
Nagpur
13. OA
Original Application
14. Ors
Others
3
INTRODUCTION
The military activities of use of force and self-defence are among the popular case for PCIJ
and ICJ both. The case concerning the military and paramilitary activities in and against
Nicaragua from early 1981 to 1984 against Nicaragua by the United States of America. The
republic of Nicaragua shares border with Costa Rica Honduras and El Salvador, which
alleged that the contras group of Nicaragua are controlling the part near el-Salvador and Cost
Rica and Honduras .The case basically concerns about the use of force against Nicaragua and
self-defence by the attacked nation, which came in the court (international court of justice) in
early 1984. In the case the United States of America have violated the international
customary law by intervening and use of fore amount to Nicaragua from various aspects.
4
Aim and objective
The aim of the research is to understand about the use of force and self-defence concept and
collective self defence which the USA claims as their defence.
The objectives are.
To understand the international customary law breached by united states
To understand the breach and obligation of customary law by using force though all
means.
Scope and limitations
The scope of the research is dealt only to the use of force and collective self defence which
are taken by the United States and further to the extent of violating international customary
law by the United States.
Literature Review
David Harris, Cases and material on International Law, 7th ed.
In the book the author dealt with various cases through the facts and their judgements and
findings which are critically dealt through. Though in the book the researcher dealt only with
the associated case (i.e) Nicaragua v, USA. In the case the author only pulled a little about the
facts and directly jumped to the judgements which are procured by the ICJ. The in the
manner that the readers can easily interprete and decode the judgements which are given by
all the eleven judges.
5
Research Questions
What are the claims made by the Nicaragua before the court when America violates
its sovereignty?
What are the major steps taken by the court when United States called themselves as
collective self defence, and when United states used force against Nicaragua.
Research Method
The methodology adopted for the purpose of the present research is the doctrinal and the
analytical methods. Both primary and secondary sources have been used for the review of
literature and the collection of data. The primary sources include various statutes while, the
secondary sources include commentaries, books and websites and judgements by the courts.
6
FACTS
The reign of president Somoza was replaced by a new government (Frente Sandinista de
Liberacion Nacional FSLN) in July 1979. The former government supporters and national
oppose the new government, so the United States of America supported the new government
for a time until US found that Nicaragua was providing logistic support and weapons to the
militia and contras or guerrillas in El-Salvador. So in 1981 the United States stopped its all
aid to Nicaragua.
Now according to Nicaragua the United States “decided to plan and undertake activities
directed against Nicaragua”. The armed activities carries against the new government have
two groups Fuerza Democratica Nicaragüense which work along the border of Hondurus and
Alianza Revolucionaria Democratica which operate near the border in Costa Rica. Which the
United States support to these groups fighting against the new formed government. In later
1983 USA passed a budgetary legislation enacted by the United States Congress made
specific provision for funds to be used by United States intelligence agencies for supporting
“directly or indirectly military or paramilitary operations in Nicaragua.
Nicaragua also alleged that the United States is effectively in control of the contras1, the
United States teach and train strategy and tactics, and that the contras were paid for and
controlled by the United States. Nicaragua also alleged that some attacks against Nicaragua
were carried out, directly, by the United States military – with the aim to overthrow the
Government of Nicaragua. Attacks against Nicaragua included the mining of Nicaraguan
ports, and other attacks on ports, oil installations, and a naval base. Nicaragua alleged
that aircrafts belonging to the United States flew over Nicaraguan territory to gather
intelligence, supply to the contras in the field, and to intimidate the population. But after the
order the United States did not appear in the ICJ to decide the case. But in the jurisdictional
phase United States took as the collective self-defence under Art. 51A.
1
Various US backed and funded group that were active from early 1970 to 1990s in Nicaragua.
7
ISSUES
1. Did the US violates its customary law obligation not to interfere in another states matter?
2. Did the US violates its customary international law by using force to another states? When
US attacked Nicaragua in between 1983- 1984.
3. Did United States violates customary international law by violating others state
sovereignty?
4. The act concluded by United States can it be justified as collective self Defense under Art.
51A.
CLAIMS BY NICARAGUA
The united states in recruiting, arming financing and logistic support to contras
directly or indirectly against Nicaragua which violated the sovereignty of the country
The United States violates its international customary law by attacking Nicaragua by
air, land and sea, incursion of territorial waters, aerial trespass.
US breached its international customary law by using force and the threat of force
against Nicaragua.
The United States has infringed the freedom of high seas by interfering peaceful
maritime commerce and has killed kidnapped wounding the citizens of Nicaragua.
8
JUDGEMENT BY ICJ
1. Did United States violated its customary international law by interfering in another states
matter
In para 205 of the judgement talks about the multiplicity of declaration by states accepting
the non-intervention to another states. As the court states,
” A prohibited intervention must accordingly be one bearing on matters in which each State is
permitted, by the principle of State sovereignty. To decide freely. One of these is the choice
of a political, economic, social and cultural system, and the formulation of foreign policy.
Intervention is wrongful when it uses methods of coercion in regard to such choices, which
must remain free ones. The element of coercion, which defines, and indeed forms the very
essence of, prohibited intervention, is particularly obvious in the case of an intervention
which uses force, either in the direct form of military action, or in the indirect form of support
for subversive or terrorist armed activities within another State”2
And also Nicaragua additionally stated that the United States are aiming to replace the
present government as to damage the political and economic stability which could earn the
demands of United States in the pace. In para 241 the court concluded the sentence of
judgement. In addition the court also states about the financial aid, training and delivery of
weapons given by the United States to the contras which violated the sovereignty of
Nicaragua.
2. Did the US violates its customary international law by using force to another states? When
US attacked Nicaragua in between 1983- 1984. And is it justifiable when United States took
as collective self-defense as their action.
In para 197 to 201 of the judgement made by ICJ in the case, the inter-American treaty of
reciprocal assistance says that in article 3 para 1, an armed attack by any state against an
American state shall be against all the American state and consequently, each one of the said
contracting parties undertakes to assist. The court also observed that the collective self-
defense can be only said when the attracted country is requested. In para 199 of the
judgement the court upheld that in inter-American legal system there is no rule which permit
the collective self-defense in the absence of the request by the attacked nation which the
country assumed to need help from the other nation.
2
Case concerning military and paramilitary activities in and against Nicaragua (USA v. Nicaragua), ICJ 1986.
9
The United States violates its customary international law which prohibits the use of force.
The United States laid water mines in the port of Nicaragua and also attacked the ports and
oil installations and a naval base.
The United States assisted the contrast on organizing the organization of irregular forces and
armed bands for incursion into the territory of another state and participated.
Nicaragua also argued about the funding to the contra and training but the court held that the
funding and training does not amount to use of force rather will be proved to act of
intervention and did not violate the customary international law on use of force.
3. Did United States violates customary international law by violating others state
sovereignty?
The Court examine the evidence and facts and finds that in early 1984 mines were laid in the
ports of the territorial sea or internal waters of Nicaragua “by persons in the pay or acting on
the instructions” of the United States and acting under its supervision with its logistical
support. The United States did not issue any warning on the location or existence of mines
and this resulted in injuries and increases in maritime insurance rates. The Court also found
that the United States also carried out reconnaissance flights over Nicaraguan territory,
complained of as causing sonic booms. It held that a State’s sovereignty extends to its
internal waters, its territorial sea, and the airspace above its territory. The United States
violated customary international law when it laid mines in the territorial sea and internal
waters of Nicaragua and when it carried out unauthorised overflights over Nicaraguan
airspace by aircrafts that belong to or was under the control of the United States.
10
CONCLUSION & ANALYSIS
With the above judgements and analysis the researcher can clearly evade that the Nicaragua
was playing the role of self-defense as the united states have used the force through contras
directly or indirectly which is likely to throw the government of Nicaragua. As the United
ststaes violates it international customary law by using forces and various methods to deprive
the government and using coercion, as force through water bodies and land as also through
Ariel, and this also justified that Nicaragua claims were matter of self defense which taken as
a major step before the court. Which the court later declared as the United states have to
cease its operation from Nicaragua, the United states also claims as the attacked as self
defence in the treaty of America in Article 3 its states that any American states is ben
attacked or or armend the attacking nation will be armed as a collective self-defense as in this
context United states claims as a collective self-defense but the court declared as the
collection self defence cannot be brought in the case.
As in the case of Nicaragua vs. United States, the united states we found guilty by the court
are liable for the act and aggression to Nicaragua.
11
BIBLIOGRAPHY
1. BOOKS
David Harris, Cases and material on International Law, 7th ed
2. ARTICLE OR JUDGEMENTS
Case concerning military and paramilitary activities in and against Nicaragua (Nicaragua v.
United States of America), 27 June 1986
3. WEBSITES
https://ruwanthikagunaratne.wordpress.com/2012/11/15/nicaragua-vs-us-case-summary/
12
