LAWYER Facts of the Case

The Republic of Nicaragua filed a case

against the United States of America in
the ICJ, alleging that the United States
had supported by its policy and actions
a mercenary army by funding and
assisting, covertly and overtly, the
"contra" movement in launching
attacks on the territory of Nicaragua,
with the purpose of overthrowing the
Nicaraguan Government

Next Page
LAWYER Facts of the Case
the Republic of Nicaragua contended
that, in addition to the basis of
jurisdiction relied on in the
Application, a Treaty of Friendship,
Commerce and Navigation signed by
the Parties in 1956 provides an
independent basis for jurisdiction
under Article 36, paragraph 1, of the
Statute of the Court

Next Page
LAWYER Facts of the Case
On 15 August 1984, two days before
the closure of the written proceedings
on the questions of jurisdiction and
admissibility, the Republic of El
Salvador filed a Declaration of
Intervention in the case under Article
63 of the Statute

Next Page
LAWYER

Issue:

Whether or not the ICJ has

jurisdiction to entertain the
dispute of admissibility of the
Application.
Ruling

By a judgement dated 26 November 1984, the Court found that it had

jurisdiction to entertain the Application on the basis of Article 36,
paragraphs 2 and 5, of the Statute of the Court ; that it had jurisdiction to
entertain the Application in so far as it relates to a dispute concerning the
interpretation or application of the Treaty of Friendship, Commerce and
Navigation between the United States and Nicaragua of 21 January 1956,
on the basis of Article XXIV of that Treaty ; that it had jurisdiction to
entertain the case ; and that the Application was admissible