• USA laid mines in Nicaraguan ports, infringement of

Nicaraguan air space, economic measures against Nicaragua

• The claim was brought finally to the ICJ by the Republic 1984
• USA fund for the Contras 1983
• Nicaragua supported armed groups in El Salvador 1981
• Sandinista (socialist political party) ruled Nicaragua 1979
Timeline
 Facts of The Case
• The United States of America is using military force
against Nicaragua and intervening in Nicaragua’s
internal affairs, in violation of Nicaragua's sovereignty,
territorial integrity and political independence and of
the most fundamental and universally accepted
principles of international law.
• The United States has created an "army" of more than
10,000 mercenaries and directed their attacks against
human and economic targets inside Nicaragua.
• The United States has acknowledged spending more
than $70,000,000 on these illegal activities since
December 1981.
 Consequences
More than 1,400 Nicaraguans have been killed by the U.S.
created "army".
More than 3,000 have been maimed, wounded, raped or
kidnapped.
More than 113,000 people have been displaced, including
more than 20,009 residents of the Port of Corinto who had to
be evacuated from their homes.
Oil storage facilities were set a flame by rockets supplied by
the United States.
Thousands of others have suffered as a result of the wanton
destruction of farms, bridges, airports, pipelines, power
stations, schools and hospitals inside Nicaragua.
The cost to Nicaragua in damages to such facilities alone has
exceeded $200,000,000. 
• As this case was filed, the activities by the United
States were mounting in intensity and destructiveness.
Heavy fighting was still taking place
Casualties, both military and civilian, are high
Five foreign commercial vessels have been damaged
by exploding mines
Many other foreign vessels have cancelled
scheduled shipments to and from Nicaragua for fear
of the mines

• As a consequence of this infringement on freedom of

the high seas, Nicaragua’s ability to assure its essential
imports and to engage in peaceful international
maritime commerce has been severely impaired.
• United States had breached international law by:
violating the sovereignty of Nicaragua
armed attacks against Nicaragua by air, land and sea;
incursions into Nicaraguan territorial waters
aerial trespass into Nicaraguan airspace;
efforts by direct and indirect means to coerce and
intimidate the Government of Nicaragua.
Using force and the threat of force against Nicaragua.
Intervention in the internal affairs of Nicaragua.
Infringement upon the freedom of the high seas and
interrupting peaceful maritime commerce.
Killing, wounding and kidnapping citizens of Nicaragua.
 Arguments of Nicaragua
Nicaragua claims that the United States has breached express obligations
under the Charter of the United Nations, the Charter of the Organization d
American States and other multilateral treaties, and has violated
fundamental rules of general and customary international law as described
below:

A. Breaches of Express Charter and Treaty Obligations

i. Article 2 (4) of the Charter of the United Nations
ii. Article 18 of the Charter of the Organization of American States
iii. Article 20 of the Charter of the Organization of American States
iv. Article 1, Third, of the Convention concerning the Duties and Rights of
States in the Event of Civil Strife
 Arguments of Nicaragua

B. Breach of Obligations under General and Customary International

Law
i. Not respect the sovereignty of Nicaragua by attacking air, land and sea
and incursion into Nicaraguan territorial waters
ii. Not to use force or the threat of force against Nicaragua
iii. Not to intervene in the internal affairs of Nicaragua
iv. Not to infringe the freedom of the high seas or interrupt peaceful
maritime commerce
v. Not to kill, wound or kidnap citizens of Nicaragua
 Arguments of United States of America

A. Nicaragua has never accepted the Court's compulsory

jurisdiction and therefore has no right to invoke that
jurisdiction against the United States.
 It was argued by the USA that only parties to the Protocol of Signature to the
Statute of the Permanent Court of International Justice could accept that Court's
compulsory jurisdiction. The ways that Nicaragua has never accepted the
Permanent Court of International Jurisdiction can be founded when (as
contended by the USA):

 Nicaragua signed but did not ratify the Protocol of Signature

 Nicaragua made an ineffective declaration under the Optional Clause of the Protocol of
Signature
 Nicaragua withdrawal from the League Of Nations on 26 June 1936
 Communications between Nicaragua and the League confirmed that Nicaragua had not
accepted the Permanent Court's compulsory jurisdiction
B. Nicaragua has engaged in armed attacks on its neighbors by
promoted and supported guerrilla violence in neighboring
countries.
 Nicaragua run guerilla activities particularly in El Salvador

C. Nicaragua neighbor’s have requested assistance from the

USA in their self-defense.
 El Salvador. Honduras and Costa Rica have each sought outside assistance,
principally from the United States, in their self-defense against Nicaragua’s
aggression. Pursuant to their inherent right of individual and collective self-
defense and in accordance with the terms of the Inter-American Treaty of
Reciprocal Assistance, the United States has responded to these requests.
D. Nicaragua has openly conducted cross-border military
attacks on its neighbors.

E. Nicaragua’s claim do not within the scope of the USA

consent to the Court’s Jurisdiction.
 The court has jurisdiction over Nicaragua’s claim only if the USA had
expressly consented to the jurisdiction in the USA declaration in force on
the date that Nicaragua filed its application with the court. In the case of
Status of Eastern Carelia, it was observed by this Court that “well
established in international law that no State can, without its consent, be
compelled to submit its disputes with other states either to mediation or
arbitration, or to any other kind of pacific settlement”
 Summary Judgment
• The decision by the court in favour of Nicaragua which stated that:-

1. The Court is required to apply the "multilateral treaty reservation"

contained in proviso (c) to the declaration of acceptance of
jurisdiction made under Article 36, paragraph 2, of the Statute of
the Court by the Government of the United States of America
deposited on 26 August 1946.

2. Rejects the justification of collective self-defence.

3. Decides that the act was in breach of its obligation under customary
international law not to intervene in the affairs of another State.
4. Decides that the act of United States of America in breach of its
obligation under customary international law not to use force
against another State.

5. Decides that the United States of America has acted, against the
Republic of Nicaragua, in breach of its obligation under customary
international law not to violate the sovereignty of another state.’

6. Decides that not to violate its sovereignty and not to interrupt

peaceful maritime commerce.

7. Decides that, the acts referred to in subparagraph (6), the United

States of America has acted, against the Republic of Nicaragua, in
breach of its obligations under Article XIX of the Treaty of
Friendship, Commerce and Navigation between the United
States of America and the Republic of Nicaragua signed at
Managua on 21 January 1956.
8. Decides that, failing of United State of America to make known the
existence and location of the mines has acted in breach of its obligations
under customary international law in this respect.

9. Finds that in 1983 when the United States of America produced a manual
entitled "Operaciones sicologicas en guerrade guerrillas", and distribute
it to contra forces, has encouraged the commission of acts contrary to
general principles of humanitarian law. Nevertheless does not find a basis
for concluding that any such acts which may have been committed are
imputable to the United States of America as acts of the United States of
America.

10. Decides that the attacks of United States of America on Nicaraguan

territory referred to in subparagraph (4) and by declaring a general embargo
on trade with Nicaragua on 1 May 1985, has committed acts to deprive of
its object and purpose the treaty of Friendship, Commerce and Navigation
Furthermore, it also has acted in breach of its obligations under Article XIX
of the Treaty of Friendship, Commerce and Navigation between the parties
signed at Managua on 21 January 1956.
 
11. Decides that the United States of America is under a duty to cease
and to refrain from all such acts that may constitute breaches of the
foregoing legal obligations.

12. Decides that United States of America is under obligation to make

reparation to the Republic of Nicaragua for all injury caused to
Nicaragua.

13. Decides that the form and amount of such reparation, failing
agreement between the Parties, will be settled by the Court and
reserves for this purpose the subsequent procedure in the case.

14. Recalls to both Parties their obligation to seek a solution to their

disputes by peaceful means in accordance with international law.
 Held:

• ICJ ruled in favor of Nicaragua and awarded reparations to Nicaragua.

• ICJ held that the U.S. had violated international law by supporting
Contra guerrillas in their rebellion against the Nicaraguan government
and by mining Nicaragua's harbors.
• The United States refused to participate in the proceedings after the
Court rejected its argument that the ICJ lacked jurisdiction to hear the
case.
• U.S. later blocked enforcement of the judgment by the United Nations
Security Council and thereby prevented Nicaragua from obtaining any
actual compensation.
• The Nicaraguan government finally withdrew the complaint from the
court in September 1991, following a repeal of the law requiring the
country to seek compensation, thus settling the matter.