Nicaragua Vs Estados Unidos

Legal Issues

1. ¿Was the reservation of Article 36 presented by United States affected the validity and applicability of the Court competence?

2. ¿Did United States committed a breach of an international obligation under customary international law on the light of the principle of not intervene in the affairs of another State and the principle of sovereignty of Nicaragua?

3. ¿Whether United States International responsibility for the execution of attacks on Nicaraguan territory and declare a general embargo on trade with Nicaragua on 1 May 1985 in accordance with the object and purpose of the Treaty of Friendship, Commerce and Navigation between Parties signed at Managua on January 21, 1956 and breach of humanitarian law?

4. ¿Whether the relationship between the contras and the United States Government in point of the organization, training and equipping the force, planning of operations, the choice of objectives and operational support that United States gave to ‘Contras’ to know if there was a total dependence of the contras on United States aid?

5. Was the laying of mines committed by USA in the waters of another State without any warning or notification a breach of the principle of the non-use of force on the light of the Hague Convention?

Rulings of the court

Decides that in adjudicating the dispute brought before it by the Application filed by the Republic of Nicaragua on 9 April 1984, 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.

It also found that the United States of America, by training, arming, equipping, financing and supplying the contra forces or otherwise encouraging, supporting and aiding military and paramilitary activities in and against Nicaragua, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to intervene in the affairs of another State.

United States of America, by certain attacks on Nicaraguan territory in 1983-1984; and further by those acts of intervention, hereof which involve the use of force, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to use force against another State.

United States of America, by directing or authorizing over Rights of Nicaraguan territory, and by the acts imputable to the United States, has acted, against the Republic of Nicaragua, in breach of its obligation under customary international law not to violate the sovereignty of another State.

By laying mines in the internal or territorial waters of the Republic of Nicaragua during the first months of 1984, the United States of

...