in force" gave no such grounds for questioning the "legal" nature of the dispute. The Court examines in particular the case of El Salvador, for whose benefit primarily the United States claims to be exercising the right of collective self-defence which it regards as a justification of its own conduct towards Nicaragua, that right being endorsed by the United Nations Charter (Art.
Since the evidence available is insufficient for the purpose of attributing to the United States the acts committed by the contras, the Court rejects this submission. 283 to 285). 2, para. The United States did not appear before the ICJ at the merit stages, after refusing to accept the ICJ’s jurisdiction to decide the case.
The prohibition of the use of force, and the right of self-defence (paras. Nicaragua complains of infringement of its air space by United States military aircraft. What the deep will of the people of the United States of America has forged over decades, and in agreement with other peoples, as the basic norms of the democratic functioning of international society, the current United States Government cannot remove it by playing a reserve. They therefore accept a treaty-law obligation to refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations (Art.
VIII. So the court has full power and jurisdiction to entertain the issues. With effect from 1 October 1984, the United States Congress has restricted the use of funds to "humanitarian assistance" to the contrast The Court recalls that if the provision of "humanitarian assistance" is to escape condemnation as an intervention in the internal affairs of another State, it must be limited to the purposes hallowed in the practice of the Red Cross, and above all be given without discrimination. XIII. Having thus found that El Salvador would be "affected" by the decision that the Court would have to take on the claims of Nicaragua based on violation of the two Charters by the United States, the Court concludes that the jurisdiction conferred on it by the United States declaration does not permit it to entertain these claims. But other Central American states could be considered as concerned by Initial US support to these groups fighting against the Nicaraguan Government was covert.
(Nicaragua v. United States of America) International Court of Justice. Judge Schwebel held that "the actions of the United States are strikingly proportionate. It is unable to regard all the acts complained of in that light, but considers that there are certain activities which undermine the whole spirit of the agreement. It is on the basis of this law that the
Therefore, Nicaragua is entitled to get compensation.
Judge Lachs also deals with the question of the justiciability of the case: the close relationship between legal and political disputes, as between law and politics. Nations Charter, and the desire to extend this exclusion to the whole of The United States is under an obligation to "respect" the Conventions and even to "ensure respect" for them, and thus not to encourage persons or groups engaged in the conflict in Nicaragua to act in violation of the provisions of Article 3.
Since it contained both preliminary aspects and other aspects relating to the merits, it had to be dealt with at the stage of the merits. And to respond to the United States of America, which sees the excessive militarisation of Nicaragua as proof of its aggressive aims, the Court retorts that “it is irrelevant and useless to take a position on this allegation that there are no rules in international law other than those which the State concerned may accept, by treaty or otherwise, imposing the limitation of the level of armaments of a sovereign State, this principle being valid for all States without distinction”. Although it is not proved that any United States military personnel took a direct part in the operations, United States agents participated in the planning, direction and support.
Separate Opinion of Judge Nagendra Singh. However, in the first place the Parties have not argued that the present dispute is not a "legal dispute" within the meaning of Article 36, paragraph 2, of the Statute, and secondly, the Court considers that the case does not necessarily involve it in evaluation of political or military matters, which would be to overstep proper judicial bounds.
The Court has however to consider whether the exception in Article XXI concerning "measures . The Court considers whether there is anything in the conduct of Nicaragua which might legally warrant counter-measures by the United States in response to the alleged violations. The affirmation of the existence of this custom in the recent judgement clarifies the question of voluntarism for the greater good of international law.
Strongly rooted socially, these sources of law, unaccompanied by the formalism by which treaties express the will of the States, are of an authenticity guaranteed by other factors of acceptance, tacit factors that it belongs to the judge to identify. In a cases in which one Party is not appearing, the Court should refrain from any unnecessary act which might prove an obstacle to a negotiated settlement. I. The non-appearance of the Respondent and Article 53 of the Statute (paras.
Finally, Judge Oda regrets that the Court has been needlessly precipitate in giving its views on collective self-defence in its first Judgment to broach that subject. .
It has to determine the meaning of the various relevant provisions, and in particular of Article XXI, paragraphs I (c) and I (d), by which the parties reserved the power to derogate from the other provisions. On the other hand, it does not consider that military manoeuvres held by the United States near the Nicaraguan borders, or the supply of funds to the contras, amounts to a use of force.
This terrible disregard of the
With regard to the question what activities of the United States might have been such as to deprive the Treaty of its object and purpose, the Court makes a distinction. The Court observes that the laying of mines in the waters of another State without any warning or notification is not only an unlawful act but also a breach of the principles of humanitarian law underlying the Hague Convention No.
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