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Sumarry Nicarague Case
Sumarry Nicarague Case
1
2 Case Concerning Military and Paramilitary Activities (Nicar. v. U.S.), 1986 I.C.J. 14, 103 (June 27)
Niacague also alleged that aircraft flew over the Niacarague belonging to United States to gather
intelligence and supply to contras field, and aldo to intimidate the population. The Nicarague
application to ICJ to settle the dispute that indicated Nicarague intended to rely on the compulsory
jurisdiction on ICJ under article 36 (2) of the statue of the court2 to exercise the court jurisdiction
theboth parties must accepted the compulsory jurisdiction of ICJ, but United States refuse the ICJ’s
Jurisdiction to decide the case and it was not contested that United States had accepted the
jurisdiction of the ICJ by virtue of the U.S. Declaration of consent of 19463. The court agreed with
Nicaragua that not conceded the declaration of consent the jurisdiction of the ICJ and assert the
valid jurisdiction is form article 36 (5), and stated that inherent right of collective self defence
listed in Article 51 UN. The International Court of Justice found that United States provided
logistical assistance, weapon and finance to guerilla force to attack the Nicaraguan armed forces
and the civilian in Niacaragua.
The court expressed the Unites States have a legal responsibility under international law
for the attack and it must have effective control over the group exercise the attack, nevertheless
the court did not provide any real guidance on what constitute the lower limits of effective control4
2
Judgment. supra note 1. at 8.
3
See supra note 2
4
This failure attracted some criticism by academic writers: see for example T.D.Gill, 'The law of armed attack in the
Nicaragua case', Hague Yearbook of International Law 1988, at pp 50- 52