3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

SUBMIT CONTENT ABOUT US

About Us

Articles

Book Review

Courses

Moot Court Competitions

Resume Guide

Sponsored Post

Write an Article

Contact Us

Home  »  International Law • Landmark Judgements   »   Case Study: Republic of Nicaragua v United States of
America (1986)

Case Study: Republic of Nicaragua v United States of

America (1986)
By Aakriti Vikas | September 14, 2020 0 Comment

Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 1/6
3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

I. Overview of the Case

The Republic of Nicaragua v United States of America case was decided in 1986 and came as a
huge shock to the United States government since it failed to convince the ICJ that it lacked
jurisdiction.

The case is known for an attack on sovereignty, American dominance and expands the
concept of the jurisdiction of the International Court of Justice.

Citation(s): 1986 I.C.J. 14

Judges: Nagendra Singh,  Guy Ledreit de Lacharrière,  Roberto Ago,  Mohammed
Bedjaoui,  Taslim Olawale Elias,  Manfred Lachs,  Kéba Mbaye,  Ni Zhengyu,  Shigeru
Oda, José María Ruda, Stephen Schwebel, José Sette-Camara, Robert Jennings,  Claude-
Albert Colliard (ad hoc)

II. Factual Background of the Republic of Nicaragua v United States of America 

Though the case took place in the 1980s, the seeds of the case were sown in as early as 1909. In
1909, under the regime of US president Howard Taft, the United States military and marines
overthrew the Nicaraguan President and occupied the territory establishing their rule over the
State. Under the in uence of the United States, a Pro-US government was constituted in Nicaragua
which led rise to several treaties between the two countries providing exclusive rights and
privileges of trade, commerce, access and transport to the United States by the Nicaraguan
government.

Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 2/6
3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

However, like any other forced rule and authority, this was also crushed by a rebellion. Between
1927 to 1934, a huge peasant rebellion took place in Nicaragua compelling the United States to
leave the State and the marines also withdrew from Nicaraguan territories. While leaving the
State, the US left the leader of Nicaraguan National Guard, Somoza, as the head of the State who
later became the dictator of Nicaragua. After a severe earthquake in 1972 resulting in a huge
nancial crisis and social deterioration of people of Nicaragua, there were many uprisings from
di erent groups in the State.

A very signi cant movement at this time was the FSLN or the Sandinista movement where many
supporters of people organized relief campaigns for the people a ected by earthquake and
dictatorship alike. The movement gained momentum and became a rebellion against the
dictatorship government of Somoza. During 1979, this was not taken very well by President Ronal
Reagan in the United States. The US considered it as a threat over its control in Nicaragua and it
gave rise to an anti-Sandinista group called the Contras and assisted them directly to suppress the
FSLN movement and maintain the dictatorship.

In the end, the FSLN movement was successful and the Contras lost. As a result of interference by
the United States, its support to rebel organizations, and violation of the sovereignty of Nicaragua
on its own State, the Nicaraguan government led a claim before the ICJ against the USA.

III. Issues Before the ICJ

1. Whether the ICJ had the requisite jurisdiction to try and adjudge the matter?
2. Whether the support by the US to the Contras resulting in violence in the State
amounts to interference with Nicaraguan sovereignty holding the US government
liable?
3. Whether the US has violated Article 2 of the UN Charter, Articles 18 and 20 of the
Charter on the Organization of the American States and Article 8 of the Convention
on the rights and duties of the States.

IV. Relevant Legal Provisions

1. Article 2 of the UN Charter

2. Articles 18 and 20 of the Charter on the Organization of American States and
3. Article 8 of the Convention on the rights and duties of the States.
Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 3/6
3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

V. Arguments on Behalf of the United States

The United States’ rst contention was with respect to the jurisdiction of the ICJ. The American
government claimed that the ICJ has no jurisdiction to try the matter and the contentions for the
same are twofold:

First, the US government argued the Nicaraguan government has relied upon the UN Charter and
the Charter of the Organization of American States, both of them are multi-lateral treaties with
more than two parties who have signed and rati ed the same. In case of violation of any provision
of a multi-lateral treaty, it is essential that all the members of the treaty are parties to the case. This
provision was used by the US government in its advantage claiming that since all the members
ratifying the Charter are not present as parties, the ICJ lacks jurisdiction in the present matter.

Second, the American government very cunningly argued that the laws made applicable by the
claimant’s own accord, i.e. the UN Charter and OAS Charter had certain provisions against which the
American government had kept the reservation. Now, reservation in a treaty means that if a State
does not believe that it is prepared to ful l its treaty obligations, it can reserve those provisions
which it will not be able to adhere until such time, till it is ready. In this case, as well, the US had
reserved those provisions which were invoked by the Nicaraguan government and hence, the ICJ
was incompetent to pass any judgment.

VI. Arguments on Behalf of Nicaragua

The submissions made by the Nicaraguan government were also twofold, but in many small
contentions. Firstly, the United States recruited, trained and equipped the trained recruits with
armed supplies to cause violence and disruptions in Nicaragua. This, Nicaragua argued, is a clear
violation of Article 2 (4) of the UN Charter. Further, the US government took unauthorised and
unprecedented military and paramilitary actions against the Nicaraguan State which amounts to a
violation of Article 18 and Article 20 of the OAS Chater.

Secondly, the attacks by the United States have involved in attacks through land, air and sea which
was a clear violation of international laws of Air and Sea. It violated the sovereignty of Nicaragua,
unauthorised intervention in the territorial waters of Nicaragua, an act of aerial trespass over the
authorised aerial space of Nicaragua; all of which are in violation with numerous International laws
and treaties. Nicaragua claimed cessation of these acts by the United States along with
reparations.

VII. Judgment of the ICJ

This judgment is known for its length, being a one hundred forty-two pages judges judgment. It
contained 291 points of verdict holding altogether the following:

The court observed that the US government was involved in directly recruiting and
supplying arms and artilleries to the Contras and hence, provoked violence.
The US government violated the law of the Sea and Air by committing illegal trespass in
both regions through its marines, armed forces and groups on Contras.
There was su cient evidence to prove the infringement of the sovereignty of Nicaragua
by the acts of the US government.
The claim of the United States that it claimed as to collective self-defence was a futile
argument because it lacked merit.
Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 4/6
3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

There was a direct connection between the members of the Contras groups with those
in the US Congress.

Observing all these, the ICJ held the US government liable for the violation of several counts of
international treaties and customary international laws. The US government was ordered to
immediately stop the attacks on Nicaragua, withdraw support from Contras and refrain from any
such actions. Also, reparations were ordered against the US as requested by Nicaragua.

VIII. Conclusion

The judgment in the Republic of Nicaragua v United States of America was a blow on the US
government because being a global superpower and also a permanent member of the UN Security
Council, US dominates the world. The court crossed all its restrictions and diplomatic pressures
to order reparations against the US government which was remarkable. However, as the US is
known for its rigidity, none of the orders was compiled by the US government and no reparations
were paid.

Being a permanent member of the Security Council, the US was able to veto all the resolutions or
claims brought by Nicaragua. However, nally, in 1986, the UN General Assembly passed a non-
binding resolution against the US government to comply with the orders of ICJ.

Source

1. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United

States of America), Judgment Available Here

1. International Law
2. A Study of the Principle of Pacta Sunt Servanda under International Law

International Law Landmark Judgements

Author: Aakriti Vikas

Related Posts

Landmark Judgments – Lists, Subject Wise Case Laws and Notes

Settlement of Disputes under UNCLOS with respect to High Seas Environmental Concerns

The Hammersmith Ghost Case | R. Nirmmita Mano and Mirudhula A

Case Study: Foss v Harbottle (1843)

Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 5/6
3/11/2021 Case Study: Republic of Nicaragua v United States of America (1986)

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Legalbites Our Policies Contribute

About Us Disclaimer Write an Article

About the Founder Privacy Policy Write Internship

Experience
Advertise with Us Terms of Service
Post Event
© 2020 Legal Contact Us
Bites - Law And Collaborate

Beyond .

Privacy - Terms

https://www.legalbites.in/republic-of-nicaragua-v-united-states-1986 6/6