Nottebohm (Liechtenstein v. Guatemala)

OVERVIEW OF THE CASE

In this case, Liechtenstein claimed restitution and compensation from the Government of Guatemala on the ground that the latter had acted towards Friedrich Nottebohm, a citizen of Liechtenstein, in a manner contrary to international law. Guatemala objected to the Court’s jurisdiction but the Court overruled this objection in a Judgment of 18 November 1953. In a second Judgment, of 6 April 1955, the Court held that Liechtenstein’s claim was inadmissible on grounds relating to Mr. Nottebohm’s nationality. It was the bond of nationality between a State and an individual which alone conferred upon the State the right to put forward an international claim on his behalf. Mr. Nottebohm, who was then a German national, had settled in Guatemala in 1905 and continued to reside there. In October 1939 — after the beginning of the Second World War — while on a visit to Europe, he obtained Liechtenstein nationality and returned to Guatemala in 1940, where he resumed his former business activities until his removal as a result of war measures in 1943. On the international plane, the grant of nationality is entitled to recognition by other States only if it represents a genuine connection between the individual and the State granting its nationality. Mr. Nottebohm’s nationality, however, was not based on any genuine prior link with Liechtenstein and the sole object of his naturalization was to enable him to acquire the status of a neutral national in time of war. For these reasons, Liechtenstein was not entitled to take up his case and put forward an international claim on his behalf against Guatemala.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

11 May 1953
Procedure(s):Preliminary objections
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20 April 1954
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2 November 1954
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Oral proceedings

Verbatim record 1953/1 (bilingual version)
Minutes of the Public Sittings held at the Peace Palace, The Hague, on November 10th and 18th, 1953, the President, Sir Arnold McNair, presiding
Procedure(s):Preliminary objections
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Verbatim record 1955/2 (bilingual version)
Minutes of the Public Sittings held at the Peace Palace, The Hague, on February 10th to 24th, March 2nd to 8th, and April 6th, 1955, the President, Mr. Hackworth, presiding
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Other documents


Orders

Fixing of time-limits: Memorial and Counter-Memorial
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Extension of time-limits: Memorial and Counter-Memorial
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Fixing of time-limit: Written Statement of observations and submissions on Preliminary Objection
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Fixing of time-limit: Counter-Memorial
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Fixing of time-limits: Reply and Rejoinder
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Extension of time-limit: Rejoinder
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Judgments

Preliminary Objection (including the text of the declaration of Judge Klaestad)
Procedure(s):Preliminary objections
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Summaries of Judgments and Orders

Summary of the Judgment of 18 November 1953
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Summary of the Judgment of 6 April 1955
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Press releases

17 December 1951
Nottebohm (Liechtenstein v. Guatemala) - Filing, by Liechtenstein, of an Application instituting proceedings against Guatemala
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4 November 1953
Nottebohm (Liechtenstein v. Guatemala) - The Court will sit on Tuesday, November 10th, 1953
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10 November 1953
Nottebohm (Liechtenstein v. Guatemala) - Hearing of November 10th, 1953
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16 November 1953
Nottebohm (Liechtenstein v. Guatemala) - The Judgment will be read on Wednesday, November 18th, 1953
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18 November 1953
Nottebohm (Liechtenstein v. Guatemala) - Judgment
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28 December 1953
Nottebohm (Liechtenstein v. Guatemala) - The Government of Guatemala appoints its Agent and its Counsel
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26 November 1954
Nottebohm (Liechtenstein v. Guatemala) - Opening of the oral proceedings on Thursday, 10th February, 1955
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10 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 10th, 1955
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11 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 11th, 1955
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14 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearings of February 14th, 1955
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15 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 15th, 1955
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16 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 16th, 1955
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17 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Hearing of February 17th, 1955
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18 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sitting of February 18th, 1955
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19 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sitting of February 19th, 1955
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21 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 21st, 1955
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22 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 22nd, 1955
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23 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 23rd, 1955
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24 February 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of February 24th, 1955
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2 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 2nd, 1955
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3 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 3rd, 1955
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4 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 4th, 1955
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7 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 7th, 1955
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8 March 1955
Nottebohm (Liechtenstein v. Guatemala) - Sittings of March 8th, 1955
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2 April 1955
Nottebohm (Liechtenstein v. Guatemala) - The Court's Judgment will be read on April 6th, 1955
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6 April 1955
Nottebohm (Liechtenstein v. Guatemala) - Judgment
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Correspondence

17 December 1951
Correspondence
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