CORRESPONDEXCE 455
to the questions put by Members of the Court during the oral proceedings on
questions of jurisdiction and admissibility in the case concerning Border and
Transborder Armed Actions (Nicnr~rgirrvr. Hond~iras).A copy of those answers
will be transmitted10the Agent of Nicaragua.
At the same time, 1transmit 10you herewith a copy of the writien answers of
the Government of Nicaragua. referred to in my lctter of 14 July 1988.The
attention of the Agent of Nicaragua has already heen drawn to the abscnce
from his Governmcni's answcrs of any reference to the question which Presi-
dent Ruda, in his capacity as individual judge, put on 13 June 1988 (siipra,
pp. 140-141). and to which a partial answer was given orally on Nicaragua's
behalf (strpro, p. 141).
The Vice-Presidcni of the Court, Acting President, has fixed 6 p.m. on
Wednesday 27July 1988as the lime-limit for the receipt in the Registry of any
comments which Your Excellency's Government may wish to make, pursuant
10 Article 72 of the Rules of Court.
106. THE DEPU'I'Y-REGISTRAR TO THE AGENT OF NICARAGUA
19July 1988.
1 have thc honour 10 transmit to Your Excellency herewith a copy of the
replies of the Govcrnmeni of Honduras to the questions put by Members of
the Court during the oral proceedings in the case concerning Uor<lerand
Transborder Armed Actions (Nicaragira v.Honduras). reccivcd in the Registry
today under cover of a letter [rom the Agent of Honduras. a copy of which 1
enclose.
The Vice-President of the Court, Acting President, has fixcd 6 p.m. on
Wednesday 27July 1988as the time-limit for the receipt in thc Registry of any
comments which Your Excellency's Government may wish to make, pursuant
to Article 72 of the Rules of Court.
107. THE AGENT OF HONDURAS TO THE DEPUTY-REGISTRAR
27 July 1988.
1have the honour to acknowledge reccipt of your letter No. 79803of 19July
1988,by which you transmit io me a copy of the written answers of the Govem-
ment of Nicaragua to the questions posed by Members of the Court, during the
oral proceedings on questions of jurisdiction and admissibiliiy in the case con-
cerning Border and TruftshorilerArnied Actions (Nicaragila v. Hondrrras).
You also inform me Ihai the Vice-President of the Court, Acting President,
has fixed today as thc time-limit for the receipt in the Registry of comments
that we wish to make to ihose answers.
Therefore, and pursuant to Article 72 of the Rules of Court. the Govern-
ment of Honduras prescritsthe following comments to the answcrs of ihe Gov-
ernment of Nicaragua.
In oage two. of the answers to Judee Guillaumc's ihird aucstion. the
Govern<ent of Nicaragua statcs that ond dur ass refused to sig" the lcttcr to
be sent tu the Sccrciary-Gcncral of the United Nations in order to obtain456 BORDERANDTRANSBORDERARMEDACTIONS
external co-operation for certain tasks of verification and control of the
Esquipulas II Procedure. and speculates on the facts, giving a distorted
appreciation of the Honduran position on the matter and on the activities of
the Executive Committee.
The following observations should therefore be taken in10 account:
1. The Executive Committee will meet again and will not be inoperative
unless, of course, Nicaragua refuses ta participate in il from now on. Neither is
the Esquipulas II Process, on the other hand, inoperative, since most of the
Agreements therein are being implemented by the Governments and the
National Reconciliation Commissions, as well as through mediation by the
Contadora countries.
2. There is no disagreement between the President of Honduras and ils
Minister of Foreign Relations on foreign policy, and this has bcen expressly
stated by the Office of the President itself. The Nicaraguan Minister of Foreign
Relations attributes to Honduran authorities statcments that have not been
made, and tries to distort the facts for propaganda purposes.
3. The case before the Court is related to the Esquipulas Procedure among
other reasons:
Firstly, because the Agreement by the Presidents of Honduras and Nicara-
gua requesting the postponement of the oral hearings. with the view of a with-
drawal of the Nicaraguan Application, was included in the Esquipulas Declara-
lion transmitted to the United Nations (U.N. document Al421.521).
Secondly, because in the Fifth Meeting of the Executive Commission (U.N.
document Al421948-S 19764, Annex 3 (c) seven of Honduras's answers in
French; also annexed to the Agent of Honduras's intervention during the oral
pleadings. in English), several agreements were adopted in paragraph 1, for
the setting up of a system for the verification, conlrol and follow-up, and the
Minister of Foreign Relations of Nicaragua undertook the commitment, that
later on he has constantly violated, "10 submit to the International Court of
Justice notice that the Government of Nicaragua is withdrawing the Applica-
tion entered aeainst the Government of Honduras on 28Julv 1986.Such notice
will he given l:atcrh.in thcda" <ilthe Sihth Merting of thc Fhccuiivc Coni-
mis,icin. io t;ikc placin thc Rcpublic ufHondurnr on \la? IY8X''.
Thc Sihih \lcciinr iauk o13cc III1'- -iic:iln;i. Hi~ndur;i\.ihc 21Juiic,I'Xh.
but the Government of Nicaragua refusrd IO withdraw the ~~~lication;
refuscd ta sign the letter for the external co-operation;and, as the answer ta
this auestion bv the Government of Honduras States. Nicararua continues
ta présent to iis neighbours conditions and demands that being self-serving
or unrealistic, demonstrate in fact, its non-willingness ta comply with the
Esquipulas Agreements
108. THE DEPUTY-REGISTRAR TO THE AGENT OF NICARAGUA
28 July 1988.
1 have the honour to send Your Excellency herewith a copy of a letter 1re-
ceived yesterday from the Agent of Honduras in the case concerning Border
and Transborder Armed Acrionr (Nicarae"a v. Honduras). convevin, tue
comments of his Government on Nicaragua's written answers ta questions put
Observations écrites du Honduras sur les réponses du Nicaragua aux questions posées par les juges