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    The International Court of Justice ruled that the United States violated principles of international law in its military and paramilitary activities in Nicaragua in the 1980s. Specifically, the ICJ found that the U.S. supported rebel groups in Nicaragua, mined Nicaraguan ports, and violated Nicaragua's sovereignty, in contravention of treaties and customary international law governing the use of force and intervention. The court ordered the U.S. to cease restricting access to Nicaraguan ports, stop laying mines, and pay reparations to Nicaragua for breaching international law.

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    The International Court of Justice ruled that the United States violated principles of international law in its military and paramilitary activities in Nicaragua in the 1980s. Specifically, the ICJ found that the U.S. supported rebel groups in Nicaragua, mined Nicaraguan ports, and violated Nicaragua's sovereignty, in contravention of treaties and customary international law governing the use of force and intervention. The court ordered the U.S. to cease restricting access to Nicaraguan ports, stop laying mines, and pay reparations to Nicaragua for breaching international law.

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    144 views3 pages

    Case Concerning Military and Paramilitary Act.

    Uploaded by

    Carlos David
    The International Court of Justice ruled that the United States violated principles of international law in its military and paramilitary activities in Nicaragua in the 1980s. Specifically, the ICJ found that the U.S. supported rebel groups in Nicaragua, mined Nicaraguan ports, and violated Nicaragua's sovereignty, in contravention of treaties and customary international law governing the use of force and intervention. The court ordered the U.S. to cease restricting access to Nicaraguan ports, stop laying mines, and pay reparations to Nicaragua for breaching international law.

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    Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v.

    United States of America), ICJ Reports 1986. Facts a. The United States had at first been supporting the new government after the fall of Somoza in 1979. By 1981, the US had suspended aid because the US claimed that the Nicaragua democratic coalition government was supporting guerrillas in El Salvador. b. Two main armed opposition groups, the Fuerza Democratica Nicaraguense (FDN) and Alianza Revolucionaria Democratica (ARDE), developed operating within Honduras and Costa Rica with the alleged covert support of the US. c. The Republic of Nicaragua filed an application on April 9, 1984 for proceedings against the US citing their support for military and paramilitary activities in and against Nicaragua. These included armed attacks against Nicaragua, incursions into territorial waters, aerial trespass, indirect and direct means to coerce the Nicaraguan government, operations involved in mining Nicaraguan ports, attacks on ports, oil installations, and naval bases. Additionally, Nicaragua requested a reward of 370,200,000 to cover damages, including killings of Nicaragua nationals, resulting from violations of international law. d. The US first requested that the case be removed from the list. This was denied by the Court citing that the case would remain on the list until the ICJ delivered its final judgment. The US refused to attend and the ICJ decided that it would still decide the case by request of Nicaragua and because the US only decided not to participate after provisional measures had already been finished. e. El Salvador attempted to file a Declaration of Intervention, but the Court denied the declaration due to lack of relation to the current phase of proceedings on August 15, 1984. Questions a. Does the ICJ have jurisdiction to try this case? b. Did the US violate principles of international law concerning use of force? c. Did the US violate the sovereignty of Nicaragua under general and customary international law? d. What is the US required to do if they are found guilty of Nicaraguas claims? Decisions a. The ICJ does have jurisdiction to try this case. Under Article 36, paragraph 2of the Vienna Convention, the state affected by the decision of Court on the dispute under multilateral treaty gives the court its jurisdiction under definition as a legal dispute. In addition, the US declared acceptance to jurisdiction. The ICJ also determined that based on the Treaty of Friendship, Commerce and Navigation between the US and Nicaragua that it did indeed have jurisdiction.

    b. The US indeed did violate use of force under international law, as stipulated in the UN Charter, Art. 2, para. 4, in addition to the General Assembly resolution 2625, Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the UN. The US has violated international law in its numerous attacks on Nicaraguan territory, including in Puerto Sandino, Corinto, Potosi Naval Base, San Juan del Sur, and on patrol boats between 1983-84, in addition to its support of the military and paramilitary forces, and laying of mines in internal and territorial waters of Nicaragua. This violated the Hague Convention No. VIII which states that the laying of mines in the internal waters of another State cannot be done without warning or notification, as it is also a violation of humanitarian law. c. The ICJ ruled that the US did jeopardize the right to sovereignty and political independence as stipulated by general and customary international law. This especially considered the idea that States should not threaten the territorial integrity and political independence of any State, in addition to not intervening in another States domestic matters. The US violated this by training, arming, equipping, financing, and supporting military and paramilitary activities in and against Nicaragua. Additionally, because the US directed and authorized flights in Nicaraguan territory for the purpose of interfering with domestic affairs, Nicaraguas sovereignty was again violated. This ruling invokes the principle of non-intervention. d. The ICJ ruled that the US should immediately cease from restricting access to Nicaraguan ports and requested that they stop laying mines and provide reparations to Nicaragua for all their breaches of customary international law, and in violation of the Treaty of Friendship, Commerce and Navigation of 1956. The requested payment by Nicaragua cannot be granted by the ICJ at this time, however, especially since the US did not appear before the Court. Principles a. The key international law principles in this case are sovereignty, political independence, humanitarian law and use of force. b. The ICJ used customary and international to determine whether the US had been acting in violation. Specifically, it cited the UN Charter and The Montevideo Convention on the Rights and Duties of States, the Charter of the Organization of American States, the Hague Convention VIII of 1907, and the Treaty of Friendship, Commerce and Navigation of 1956. Conclusion Citing numerous treaties and conventions governing international law, after extensive analysis, the ICJ ruled that the US had acted in violation of the territorial sovereignty, political independence principles in addition to use of force and humanitarian law. These tenets of international law have been violated resulting from US support to the Contra forces in numerous forms, placing mines in the internal waters of Nicaragua, flying in their airspace, and attacks on specific locations.

    Bibliography Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), ICJ Reports 1986. 1907. Hague Convention VIII. (18 October 1907). 1933. Montevideo Convention on Rights and Duties of States (26 December 1933). 1945. Charter of the United Nations (24 October 1945). 1948. Charter on the Organization of American States (13 December 1951). 1956. Treaty of Friendship, Commerce and Navigation (21 January 1956). Submitted Khara Boender, November 19, 2009

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