Correspondance

CORRESPONDENCE

CORRESPONDANCE 1.THEKEGISTRAR TO THE SBCRETARYOF STATEOF THE UNITED STATESOF AMERICA

9 April 1984.

In accordance with Article 40, paragraph 2,of the Statute of the lnternational
Court of Justice, 1have the honour to inform you tliat the Government of the
Republic of Nicaragua filed in the Registry of the Court today (9 Aprit 1984)
an Application lnstituting Proceedings against the United States of America,
and a request for the indication of interim measures under Article 41 of the

Staiute and Article 73 of the Rules of Court. The basis for the proceedings is
stated to be that "the United States of America is using military force against
Nicaragua and intervening in Nicaragua's internai affairs, in violation of
Nicaragua's sovereignty, territorial integrity and political independence and of
the most fundamental and universally accepted prinçiples of international law".
Details of alleged activities of the United States are given in the Application and
an annex thereto. Basing itself upon Article 36of the Statute and the acceptances
by the United States and Nicaragua of Compulsory Jurisdiction under that
Article Nicaragua requests the Court to adjudge and declare:

"((1) That the United States, in recruiting, training, arming, equipping,
financing, supplying and otherwise encouraging. supporting, aiding, and
directing military and paramilitary actions in and against Nicaragua, has
violated and is violating its express Charter and treaty obligations to Nica-
ragua and, in particular, its Charter and treaty obligations under

- Article 2 (4) of the United Nations Charter;
- Articles 18and 20 of the Charter of the Organization of Amerimn States ;
- Article 8 of the Convention on Rights and Duties of States;
- Article i, third, of the Convention concerning the Duties and Rights of
States in the Event of Civil Strife:
(b) That the United States, in breach of its obligation under general and
customary international law. has violüted and is violating the sovereignty of

Nicaragua by
- arrned attacks against Nicaragua by air, land and sea;
- incursions into Nicaraguan territorial waters;
- aerial trespass into Nicaraguan airspace ;
- efforts by direct and indirect means to coerce and intimidate the Govern-
ment of Nicaragua.

(c) That the United States, in breach of its obligation under generai and
customary international law, has used and is using force and the threat of
force against Nicaragua.
(d) That the United States, in breach of its obligation under general and
customary international law, has intervened and isintervening in the internal
afhirs of Nicaragua.
(el That the United States. in breach of its obligation under general and
customary international law, has infringed and is infringing the freedom of

the high seas and interrupting peaceful maritime commerce.356 MILITARYAND PARAMlLITARYACTIVlTIES

(f) That the United States, in breach of its obligation under general and
customary international law, has killed, wnunded and kidnapped and is
killing, wounding and kidnapping citizens of Nicaragua.
(g) That, in view of its breaches of the foregoing legat obligations, the
United States js under a particular duty to cease and desist immediately;

from aH use of force - whether direct or indirect, overt or covert -
against Nicaragua, and from al1threats of force against Nicaragua;
from ail violations of the sovereignty, territorial integrity or political inde-
pendence of Nicaragua, including al1 intervention, direct or indirect, in
the interna1 affairs of Nicaragua;
from al1support of any kind - including the provision of training, arms,
ammunition, finances, supplies, assistance, direction or any other form
of support - to any nation. group, organization, movement or individual
engaged or planning to engage in military or paramilitary actions in or
against Nicaragua ;
from al1efforts to restrict. block or endanger access to or from Nicaraguan

ports ;
and from al1killings, woundings and kidnappings of Nicaraguan citizens.
(h) That the United States has an obligation to pay Nicaragua, in its
own right and as parens putriue for the citizens of Nicaragua, reparations
for damages to person, property and the Nicaraguan economy caused by

the foregoing violations of international law in a sum to be determined by
the Court. Nicaragua reserves the right to introduce to the Court a precise
evaluation of the damages caused by the United States."
Provisional measures requested are as follows:

"That the United States should imrnediateIy cease and desist from pro-
viding, directly or indirectly, any support - including training, arms,
ammunition, supplies, assistance, finances, direction or any other form of
support - to any nation. group, organization, movement or individual
engaged or planning to engage in military or pararnilitary activities in or
against Nicaragua.

That the United Statesshould immediatelyczaseand desistfrom any military
or paramilitary activity by its own officiais, agents or forces in or ngainst
Nicaragua and from any other use or threat of force in its relationswith
Nicaragua."
Copies of Application and Request have been transmitted to you by air mail

today, and copies delivered to US Embassy, The Hague.

(Signed) Santiago TORRE BERNARDEZ.

2, THE REGISTRARTO THE SECRETARYOF STATEOF THE UNITED STATESOFAMERlCA

9 April 1984.

Confirming my telex of today's date, a copy of which is enclosed, I have the
honour to inform Your Excellency that the Government of the Republic of
Nicaragua has this day filed in the Registry of the International Court of Justice
an Application instituting proceedings against the United States of America. The

Government of Nicaragua has also today filed a request for the indication of CORRESPONDENCE 357

provisional measures under Article 41 of the Statute of the Court and Article 73
of the 1978 Rules of Court.

1have the honour to send Your Excellency herewith a certified copy of the
Application, with an Annex, and of the request for the indication of provisional
measures; 1 shall in due course transmit to you certified printed copies of the
Application in the bilingual (English and French) edition which will be prepared
by the Registry. I also enclose a copy of an Atfidavit by the Foreign Minister of
Nicaragua lodged with the Application and the request.
May 1 take this opportunity of drawing Your Excellency's attention to
Article 40 of the Rules of Court which provides, in paragraph 2, that the
respondent, upon receipt of the certified copy of the Application, or as soon as
possible thereafter, should inform the Courtof the name of its Agent. Paragraph 1

of the same Article provides that Agents shall have an address for service at the
seat of the Court to which al1communiçations concerning the case are to be sent.

3. THE REGISTRAR TO THE SECRETARY-CENERALOF THE UNITED NATIONS

9 April 1984.

With reference to Article 40, paragraph 3, of the Statute of the Court 1 have
the honour to inform you that on Monday, 9 April 1984, the Republic of
Nicaragua filed in the Registry of the Court (t) an Application instituting
proceedings against the United States of America on the grounds that :

"the United States of Americü is using military force against Nicaragua and
intervening in Nicaragua's internai affairs, in violation of Nicaragua's
sovereignty. territorial integrity and political independence and of the most
fundamental and universafly accepted principles of international law";

(2) a request for the indication of provisional measures under Article 41 of the
Statute and Article 73 of the Rules of Court. The measures requested are
as follows:
"That the United States should immediately cease and desist from pro-

viding, directly or indirectly, any support - including training, arms,
ammunition, supplies, assistance, finances, direction or any other form of
support - to any nation, group, organization, movement or individual
engaged or planning to engage in military or paramilitary activities in or
against Nicaragua.
That the United States should immediately cease and desist from any
military or paramilitary activityby its own officiais, agents or forces in or
against Nicaragua and from any other use or threat of force in its relations
with Nicaragua."

4. THE REGISTRARTO THE AGENT OF THEREPUBLIC OF NICARAGUA

9 April 1984.

1have the honour to acknowledge receipt of the Application by the Republic
of Nicaragua instituting proceedings against the United States of America,358 MILITARY ANI)PARAMILITARY ACTIVITIES

together with Annex A and an Afidavit by the Foreign Minister of Nicaragua,
and the request for the indication of provisional measures inhose proceedings,

filed in the Registry by you today.
Your appointment as Agent of the Republic of Nicaragua in these proceedings
has been duly noted, as has the fact that your address for service, under
Article 40, paragraph 1, of the Rules of Court is the Embassy of the Republic
of Nicaragua at The Hague.
The Government of the United States of America was irnmediately informed
by telegram of the filing of the Application and request for the indication of
provisional measures: in accordance with Articles 38. paragraph 4, and 73,
paragraph 2, of the 1978 Rules of Court, certified copies of these documents
were immediately transmitted to the Government of the United States of America.

5. THE UNITED NATIONS LEGAL COUNSELTC)THE REGISTRAR

10April 1984.

Reçu 6 avril declaration supplémentaire secrétaire d'Etat Etats-Unis
d'Amériqueen vertu article 36, statut icj ansi conque:

"I have the honor on behalof f the Government of the United States of
America to refer to the declaration of my Government of August 26. 1946,
concerning the acceptance by the United States of America of the
Compulsory Jurisdiction of the International Court of Justice, and to state
that the aforesaiddeclaration shallnot apply to disputes with any Central

American State or arising out of or related to events in Central America.
aiiy of which disputes shall be settled in such manner as the parttothem
may agree.
Notwithstandiiig the terms of the aforesaid declaration, this proviso shall
take effect immediately and shall remain iri force for two years, so as to
foster the continuing regional dispute settlement process which seeks a
negotiated solution to the interrelated political, eçonomic and security
problems of Central America."

Déclarritionotriciellement déposée6 avril.

6. THE REGISTMR TO THE SECRETARY-GENE OFATHE UNITED NATIONS

11 April 1984.

With reference to my telex message (haj 0002-04) transmitted to you yesterday,
1 have the honour to communicate to you herewith a copy of the Application
instituting proceedings against the United States of America filed by the
Government of the Republic of Nicaragua in the Registry of the Court on
10April 1984. 1also enclose a copy of the French translation of that Application
prepared by the Registry. The usual printed bilingual edition is in preparation,
and copies will be supplied to you as soon as possible with a view to the
notification contemplated by Article 40, paragraph3, of the Statute of the Court. CORRESPONDENCE 359

1also have the honour to communicate to you herewith a copy of the Request
for the indication of provisionalmeastires under Artiçle 41 of the Statute of the
Court filed by the Republic of Nicaragua simultaneously with its Application.
and a copy of the French translation prepared by the Registry.

7. THEAMBASSADOROF THEUNITED STATESOF AMERICA TOTHE NETHERLANUS TO
THE REGISTRAR

13April 1984.

1wish to acknowledge on behalf of the Government of the United States of

America receipt of your letter of April 9, 1984, transmitting (1) a certified copy
of an application of the Government of Nicaragua to the Court naming the
Government of the United States as respondent, and (2) a certified copy of
;i request of the Government of Nicaragua for the indication of provisional
ineasures with respect to that application.
In accordance with Article 40 (2) of the Rules of Court,1 wish to advise you
that the United States designates as its Agent with regard to Nicaragua's
iippfication the Honorable Davis R. Robinson, Legal Adviser of the Department
of State, and as its Deputy Agent Mr. Daniel W. McGovern, Principal Deputy
Legal Adviser, U.S. Department of State. Al1communications to Mr. Robinson

or Mr. McGovern may be addressed to the United States Embassy in The Hague.
In accordance with Article 31 of the Rules of Court, the Agent of the United
States is prepared to meet with the President of the Court at the President's
convenience to discuss questionsof procedure, and would request such a meeting
before the scheduling of hearings or other action in the case. As you are aware,
Mr. Robinson is presently in The Hague and could meet with the President at a
rnutually convenient time next week.
The United States is of the firm view that, under the terms of the United
States Declaration of August 14, 1946, assenting to jurisdiction of the Court,
and its communication of April 6, 1984,the Court lacks jurisdiction to consider

the application of the Government of Nicariigua. Afi~rtiorthe Court lacksjuris-
diction to indicate the provisional measures requested by the Government of
Nicaragua.
The United States notes that the allegations of the Government of Nicaragua
comprise but one facet of a complex of interrelated political, social, econornic
and security matters that confront the Central American region. Those matters
are the subject of aegional diplomatic effort, known asthe "Contadora Process",
which has ken endorsed by the Organization of American States, and in which
the Government of Nicaragua participates. This process is strongly supported
by the United States as the most appropriate means of resolving this com-
plex of issues, consistent with the United Nations Charter and the Charter of

the Organization of American States, in order to achieve a durable peace in the
region. The concern of the United States is that bilateral judicial proceedings
initiated by Nicaragua would impede thisongoing multilateral diplomatic process.
This concern motivated the decision of the United States which was communi-
cated to the Secretary-General on April 6, 1984.
The same concern makes the indication of the provisional measures requested
by Nicaragua particularly inappropriate at this time. In the present situation in
Central America, the indication ofsuch measures could irreparably prejudice the360 MILITARYAND PARAMILITARY ACTIVITIES

interests of a number of States and seriously interfere with the negotiations being
conducted pursuant to the Contadora Process.
Finally, the United States notes that the events of which the Government
of Nicaragua complains allegedly took place <)verat least three years. See
Annex A to application. These circumstances are inconsistent with an argument
that there is urgency to Nicaragua's request for the indication of provisional
measures.
For the reasons stated above concerning jurisdictional questions. the United

States requests the Court to strike Nicaragua's application from the Court's list
of pending matters. Alternatively. the United States considers that the circum-
stances and the extraordinary çharacter of the measures requested by Nicaragua
require an opportunity for wriiten submissions by the parties and, thereafter, an
oral hearing on Nicaragua's request for the indication of provisional measures.
The Agent of the United States will be prepared to discuss with the President
the scheduling of written submissions by the parties and oral proceedings before
the Court.

(Signedj L. Paul BRE~~ER II,I.

13April 1984.

With reference to the Application instituting proçeedings filed by the Republic
of Nicaragua in the Registry of the Courton 9 ApriI 1984, 1have the honour to

transmit to you herewith a çopy of a letter from the Arnbassador in The Hague
of the United States of America, dated 13 April 1984 and received in the
Registry today.

9. THEREGISTRARTO THEAMBASSADOROFTHEUNITEDSTATESOFAMEKICAT0 THE
SETHERLANDS

13 April 1984.

1have the honourto acknowledge receipt of the letter of today's date whereby
Your Excellency, on behalf of the Government of the United States of America,
has interulio advised me of the appointment of hlr. Davis R. Robinson and Mr.
Daniel W. McGovern to be respectively the Agent and Deputy Agent of the
United States with regard to the application filed in the International Court of
Justice on 9 April 1984by the Government of Nicaragua. I note that communi-
cations to them çhould in this case be transmitted to the United States Embassy
in The Hague.

1 have communicated copies of your letter to the Court and to the Agent of
Nicaragua. CORRESPONDENCE 361

10, THE RECISTRARTO THEAGENTOFTHE UNITEI)STATESOF AMERICA '

16April 1984.

1have the honour to confirm that, as you were informed yesterday evening by
the Deputy-Registrar, the President of the International Court of Justice will
receive the Agents and Counsel of the United States of Arnerica and of Nicaragua,
in his Ckambers at the Peace Palace on Monday, 16Ap~il1984,at 12.30.

11.THE REGISTRARTO THE AGENTOF THE REPUBLICOF NICARAGUA

16April 1984.

With reference to the meeting held in the chambers of the President of the
Court this morning between thePresident and the Agents and Counsel for the
Parties in the proceedings institutedy Nicaragua against the United States of
America 1have the honour on the instructions of the President of the Court, to
inforrn Your Excellency that the President wishesby the present letter to convey
to both Agents in writing, with a view to its transmittal to their respective
Governments, the appeal he then made in exercise of the power conferred on

him by Article 74, paragraph 4, ofthe Rules of Court, namely: "1 draw the
attention of both Parties to the need to act in such a way as will enable any
Order theCourt may rnake on the request for provisional measures to have its
appropriate effects."

12. THE AGENT OF THE REPUBLICOFFJlCARACUATO THE REGISTRAR

17April 1984.

1have the honour to inform you that the Republic of Nicaragua intends to
abstain from exercising itsprerogative to choose an ad hocjudge in accordance
with Art. 31of the Statute of the Court inrespect of the proceedings relating to
interim measures of protection as requested by the Republic of Nicaragua on
the 9th of April.
The Government of Nicaragua would emphasize that it reserves the right

to choose an ad hoc judge in respect of other proceedings in the present case
subsequent to the making of an order in respect of interim measures; in
particular, Nicaragua reserves the right to choose an ut1lioc judge in any
proceedings regarding intervention either in respect to interim measures of
protection or in any other proceedings in this case.

'A communication in thsame termswassent tothe AgentoftheRepublicof Nicaragua. MILITARY AND PARAMILITARYACTIVITIES

17 April 1984.

1 have the honour to transmit to you herewith a copy of a letter just received

from the Agent of Nicaragua in the proceedings instituted by Nicaragua on
9 Aprii 1984 against the United States of Ameriça, with reference to the claim
by the Government of Nicaragua to exercise the right conferred by Article 31,
paragrapli 2,of the Statute of the Court to choose ajudgeadhoc to sit in thecase.

18April 1984.

On instructions from the President of the International Court of Justice, I

have the honour to inform your Excellency that, pursuant to Article 74.
paragraph 3, of the Rules of Court, Wednesdq 25 April 1984, at 10a.m., has
been fixed as the date for the opening of a hearing on the request by the
Government of Nicaragua for the indication of provisional measures in the
proceedings instituted by Nicaragua on 9 April 1984against the United States
of America.

19 April 1984.

Although not a party to the case brought before the Court by the Government
of Nicaragua requesting provisional measures related to its complaint against
alleged U.S. miiitary activities in the region, the Government of El Salvador
wishes to provide the Court with certain information on the circurnstances
surrounding the complaint by Nicaragua and the whole Central American
situation.
The problems beserting the Central American region are many and interreiated.
They are political, economic, social,human rights and security issues, some are
bilateral and others are inultilateral, some are legal while many are of a non-
legal nature. The Government of EI Salvador recalls that the Contadora Process

in which Nicaragua is a participant was initiated to deal with the entire array of
these questions and that it is now engaged actively in its work.The Governments
of El Sakvador and Nicaragua, with the other concerned governments in the
region. have endorsed the Contadora Process without reservations, as has the
Organization of American States. The Government of El Salvador continues to
consider the Contadora Process as the uniquely appropriate form, consistent
with Article 33 of the Charter of the United Nations and Article 24 of the
Charter of the Organization of American States! in which to seek a realistic,

'A communication inthe süme lems was sent io the Agent of theUnited Statesof
America. CORRESPONDENCE 363

durable, regional peace settlement that would take the manifold legitimate
interests of each participating State into full account.
The issues raised by the Government of Nicaragua cannot be divorced from
the regional issues under negotiation in the Contadora Process. In the view of
my Government, the complaint by Nicaragua, if considered by the Court, or if
the provisional measures were ordered by the Court. would damage prospects
for success of multilateral negotiationivithinthe Contadora framework, especi-
ally if such measures were applied to only one party to the dispute. Therefore,
my Government requests that the Court take seriously into consideration its

views as expressed above, and that the Court take no action with respect to the
requested provisional measures which would be contrary to the negotiating
process now taking place within the Contadora Croup for a comprehensive,
regional solution in Central America.

19April 1984.

With regard to the case presented before the International Court of Justice
by the Government of Nicaragua, the Government of Costa Rica wishes, by
this means, to present for the consideration of the Court the following com-
munication :

Costa Rica declares its permanent neutrality in belligerent conflicts which
affect other States in a Presidential Proclamation on November 17, 1983. The
neutrality of Costa Rica is active, and for this reason fully compatible with the
rights of Costa Rica as a member of the United Nations and the Organization
of American States inal1that relates to the preservation of peaceand international
security, as well as in relation to those activities conducive to a peaceful solution
of disputes between States.
As a perpetually neutral State and a country situated in the Central Arnerican
region, Costa Rica has a special interest in the peaceful solution of disputes and
conflicts which affect this area of the world. For this reason and in pursuit of
this interest in peace and international order. the Government of Costa Rica
would like to provide its observations concerning the case presented by the
Government of Nicaragua against the United States of America and its appli-
cation for the adoption of provisional measures in conformity with Article 41 of
the Statute and Article 73 of the Rules of Court, without these observations

being considered as an intervention in the case, in accordance with the doctrine
of Article 62 of the Statute of the Court.
Based on the above, the Government of Costa Rica wishes to make the Fol-
lowing observations:

1. The "case" presented by the Government of Nicaragua before the Court
touches upon only one aspect of a more generalized conflict that involves other
countries within theCentral American areaas wellas countries outside the region.
Faced with such conflicts, a group of American nations, within the doctrine of
Article 33 of the Charter of the Organization of American States, created the364 MILITARYAND PARAMILITARYACTlVlTIES

so-called"Forum of Contadora" in order to seekat a sub-regionallevel,a solution
to such confljcts, since their continuation would constitute a grave threat to the
international peace and security of the entire Central American area. Within this
forum intense diplomatic negotiations have taken place to resolve the conflicts,
not only in their military aspect, but also their causes, which are of a political,

social and economic nature both interna1and external. This process is very far
along and has as participantsal1the countries of the region, specifically:Colombia,
Mexico, Panama, Venezuela,Costa Rica, El Salvador, Guatemala, Honduras and
Nicaragua, and with the support of the international community.
2. The Government of Costa Rica is of the opinion that whatever measure
which the Court might adopt in the "case" presented for its consideration, taking
such measures outside the context of the complete political and rnilitary situation
that prevails in the Central American region, could become a distorting factor
in the difficult equilibrium sought by the Forum of Contadora in a broader
framework of solutions and could compromise, if not undertaken with prudence
and equity, al1possibilities of success for the "Forum of Contadora".
3. Therefore, Costa Rica without pretending to judge in any way the appro-
priateness of the provisional measures which the Court may decide, expresses
the following opinion :

(i) Whatever provisionai measure the Court may adopt, should entail obli-
gations and commitments by both parties to the dispute.
(ii) The adoption of any provisional measure whatever its nature, should take
into account the existence of the diplomatic effort which is being carried out in
the Contadora Group, with the participation of all the countries of the area, and
which seeks a solution to the conflicts such as those which have been bro~ight
before the Court.

19 April 1984.

1 have the honor to acknowledge receipt of your letter of 18 April 1984,
indicating thatthe Court willopen its hearing pursuant to Article 74,paragraph 3,
of the Rules of Court on the request of the Government of Nicaragua for the
indication of provisional measures on Wednesday, April 25, 1984,at 10.00a.m.
The United States wishes to repeat its concern that the convocation of the
hearing at that early date will not afford it sufficient opportunity, within the
meaning of Rule 74 (3), to be fairly "represented" at the hearing since there
is manifestly inadequate time to develop fully its presentation of the factual
circumstances and of legal argumentation. Despite thisconcern, I have the honor
to inform the Court that the United States intends to appear at the hearing.
Such appearance is with full reservation of the rights and defenses of the United
States, including, but not limited to, the assertion of the United States that the
entire matter is clearly outside of the jurisdiction of this honorable Court. The
United States specifically reserves, inter alia, the right fully to address in due
course the questions which may be raised by Preljminary Objection pursuant to
the procedures established under Article 79 of the Rules of Court. The United

States appearance is also without prejudice to any other rights that it may have.

(Signed) Davis R. ROBINSON. CORRESPONDENCE

19April 1984.

I have the honour to acknowledge receipt of the letter of today's date by
which you have indicated the position of the United States with regard to its
appearance at the hearing to be held as from IO a.m. on Wednesday 25 April
1984 on the request made by Nicaragua for the indication of provisional
measures.
1have transmitted a copy of your letter to the Agent of Nicaragua.

19, THE AGENT OFTHE UNITED STATES OF AMERlCATOTHEREGISTRAR

23 April 1984.

1 have the honor to refer to the Application of the Republic of Nicaragua of
9 April 1984 (the "Application"), to its Request of the same date for the
indication of provisional measures under Article 41 of the Statute of the Court
(the "Request"), and to Article 48 of the Statute of the Court. The United States
wishes to bring to the notice of the Court information that the United States
has recently received,establishing that Nicaragua has not accepted the compul-
sory jurisdiction of the Court under Article 36 of the Statute of the Court.
Consequently, the Application does not meet the requirements of Article 38 of
the Rules of Court, particularly panigraph 2 thereof. The United States respect-
fully submits, therefore, that an immediate decision should be taken to preclude
any further proceedings on the Application and the claims contained therein or
on the Request.

In this regard,1have the honor to cal1attention to the following:
1. The Application refersin its opening paragraph t"...the Declarationsmade
by the Republic of Nicaragua and by the United States of America accepting
the jurisdiction of the Court as provided for in Article 36 of the Statute of the
International Court of Justice..." The Application furtherStatesin paragraph 13
thereof that"[bloth the United Statesand Nicaragua haveacŒptedthe compulsory
jurisdiction ofthe Court under Article 36 of the Statute of the Court". Both the
referenceand the statement are incorrect. Asof the date of the filingof the Appli-

cation, Nicaragua had not acŒpted thecompulsoryjurisdiction ofthe Court.
2. Nicaragua has not specified in the Application the legal grounds upon
which the jurisdiction of the Court is said to be based. In the absence of any
other indication, the United States assumes that Nicaragua is seeking to rely
upon Article 36, paragraph 5, of the Statute of the Court, which reads:
"Declarations made under Article 36 of the Statute of the Permanent
Court of International Justice and which are still in force shall be deemed,
as between the parties to the present Statute, to be acceptances of the

compulsory jurisdiction of the International Court of Justice for the period
which they still have to run and in accordance with their terms."
On 14 September 1929, Nicaragua signed the Protocol of Signature of the
Statute of the Permanent Court of International Justice. The Protocol of Sig-
nature provided :

"The present Protocol, which has been drawn up in accordance with the decision taken by the Assembly of the League of Nations on the
13th December, 1920, is subject to ratification. Each Power shall send its
ratification to the Secretary-General of the League of Nations; the latter
shall take the necessary steps to notify such rarification to the other signatory
Powers. The ratification shall be deposited in the archives of the Secretariat
of the League of Nations."

But Nicaragua never ratified the Protocol of Signature of the Statute of the
Permanent Court. Thus. the declaration which Nicaragua made on 24 September
1929 purporting to accept the Optional Clause riever entered into force. As a
result. Nicaragua never accepted the çompulsory jurisdiction of the Permanent
Court. Consequently, Article 36, paragraph 5?of the Statute of the International
Court of Justice is inapplicable, and cannot serve as the basis ofjurisdiction over
the Application and the claims contained therein or over the Request.
3, Thr Rupori of ihe Per~zanenrCourt of InternatinrialJustice 1929-1930,
SeriesE, No. 6, at 145-146,listsNicaragua among the "States having signed [the
Optional Clause]without condition as to ratification but not ratified the Protocol
of Signature of the Statute". These are described as "States not bound by the

Clause". Idem at 146. This Report does not include Nicaragua in the list of
"States at present bound by the [Optional] Clause". Idemat 145. Nicaragua is
similarly listed in subsequent issues of the Reports of the PermanentCourt of
InternationalJirstice. See, e.g., Rryori 1930-1931,Series E, No. 7,at 159, 161,
457 ; Reporl 1937-1938, Serier E, hTo, 14,at 59-60. See iilso, Culkctionuf Extr
GoverningtheJiirisdictionoftrlieCourt. Series D, No. 6, at 19( 1932).
4. On 29 November 1939,Nicaragua addressed a teiegram to the League of
Nations stating that an instrument of ratification of the Protocol of Signature
of the Statute would follow. See Sixteenth Report of the Pcrmane~ztCourt cif
InrertiatianalJustice(15 June 1939to 31 December 1945).Series E, No. 16, page
331 ; International Court of Justice, Ywrhook IYcYZ-1983p ,age 79, footnote 1. I
am informed that the records of the League of Nations in Geneva reveal that
no instrument of ratification from Nicaragua was ever received.On 30 Novem-
ber 1939, the Acting Legal Adviser of the League of Nations informed the
Government of Nicaragua that the Secretariat of the League of Nations was at
the disposal of Nicaragua to facilitate the deposit of such an instrument. (See
Annex 1hereto. para. 3.) Later, on 16September 1942,the Acting Legal Adviser
(M. Emile Giraud) wrote to the Minister for Foreign Anfairs of Nicaragua?

drawing attention to Nicaragua's telegram of 29 November 1939and adding:
"1 have never received the instrument of ratification, the deposit of which
is necessary to bring Nicaragua's obligation into being."

(See Annex 1hereto at para. 5.) Attached to Annex Il hereto is a duly authen-
ticated copy of a letter dated 13 May 1943 from the United States Ambassü-
dor to Nicarügua to Judg Manley O. Hudson. In that letter, there is further
evidence that as of that date, Nicaragua had not ratified the Protocol of Sig-
nature and therefore was not bound thereby. Additional confirmation of the
non-ratification of the Protocol of Signature by Nicaragua appears in thewenty-
First List of Signatures, Ratifications and Accessions in respect of Agreements

and Conventions concluded under the Auspices of the League of Nations, which
includes Nicaragua in the list of "Signatures not yet perfected by Ratification".
See League of Nations, Oficial Journul,Special Supplement No. 193 (10 July
1944), at pages 37,42-43. So far as the United States has been able to ascertain,
there is no indication that Nicaragua ratified the Protocol of Signature before
the Charter of the United Nations entered into force on 24 October 1945, or CORRESPONDENCE 367

before the League of Nations and the Permanent Court of International Justice
were dissolved on 18April 1946.That being so, Nicaragua cannot be deemed to
have accepted the compulsory jurisdiction of the International Court of Justice
under Article 36, paragraph 5, of the Statute of the Court.
5. The United States is further informed that Nicaragua has never deposited
with the Secretary-General of the United Nations a declaration accepting the
Court's compulsory jurisdiction pursuant to Article 36, paragraph 2, of the
Statute of the Court.
6. In the circurnstances, the Court is without jurisdiction to entertain the
Application ofthe Governrnent of the Republic of Nicaragua or any part of that

Application, and the Request for the indication of provisional measures does not
relate to any caseproperlybeforethe Court. For thesereasonsand in consideration
of Article 48 of the Statute of thCourt, the United States respectfully seeksfrom
the Court an immediatedecision which will preclude any further proceedingson
the Application and the clairnscontained therein, or on the Request.
7. This letter is without prejudice to any other rights, claims or positions of
the United States, whether under the Statute or the Rules of Court or otherwise,
including, without limitation, such as may relate to the jurisdiction of the Court
or the admissibility ofthe Application,

1. Since receipt of the Registrar's letter of 9 April 1984(#7155X),the United
States has examined whether Nicaragua accepted thecompulsoryjurisdiction of
the Permanent Court of International Justice. Inquiries in the United Nations
Secretariat in New York disclosed that any relevant materials would be located
in the League of Nations Archives in Geneva. From inquiries made in Geneva,
the following has been established.
2. Nicaragua's telegram of 29 November 1939, referred to in the letter of
the Agent of the United States of 23 April 1984,was received in the League of
Nations in Geneva on 30 November 1939.
3. On 30 Novernber 1939,the Acting Legal Adviser of the League of Nations
wrote a letter to the Nicaraguan Ministry for Foreign Affairs in which, after
acknowledging receipt of the telegram of 29 November 1939,he stated:

"En réponse,je m'empressede vous informer que le servicecompétentdu
Secrétariatse tient a la disposition de votre gouvernement pour lui faciliter
les formalitésrelatives au dépôtdudit instrument de ratification."

There is no reply to that letter in the file of the League of Nations.
4. On 4 August 1942,the late Judge Manley 0. Hudson, then in residence at
Harvard Law School, wrote to inquire as to the status of Nicaragua's ratification
of the Protocol of Signature. On 15 September 1942,the Acting Legal Adviser
of the League of Nations, M. Emile Giraud, replied (in part) :

"We have not receivedthe ratification necessary to cornplete the signature
of the Court Protocot and at the sametime to bring into forcethe obligations
concerning Article 36. But on November 29th, 1939,the Secretary-General
was informed by telegram that the Court Protocol was ratified by the368 MILITARY AND PARAMILITARY ACTIVITIES

President of the Republic of Nicaragua. We have however never received
the instrument of ratification itself, which should have been sent to us.
Nicaragua is therefore not bound either by the Protocol or by the Op-
tional Clause."

5. On 16 September 1942,Acting Legal Adviser Giraud sent the following
letter to the Minister for Foreign Affairs of Nicaragua:
"Par un télégrammeen date du 29 novembre 1939,vous avez bien voulu
me fairesavoir que leprotocole de signature du Statut de laCour permanente
de Justice internationale (du 16 décembre 1920) avait étératifiépar le
présidentde la Républiquede Nicaragua et que l'instrument de ratification
serait envoyéau Secrétariat.
Or, je n'ai jamais reçu cet instrument de ratification dont le dépôt est
nécessairepour faire naître effectivement l'obligation.Peut-êtrecet instru-
ment s'est-ilperdu en cours de route.
J'ai tenua attirer votre attention sur cette question."

6. This letter of 16 September 1942 is the last document contained in the
United Nations Library, Geneva, League of Nations Archives, 1933-1946,File
No. 3C/17664/i589. This filecontains al1the materials for the period from 1933
to 1946relating to Nicaragua's actions in connection with the Protocol of Sig-
nature of the Statute of the Permanent Court of International Justice and the
Optional Clause.

[When copies of the original documents on file in Geneva are received in The
Hague, the Agent of the United States will transmit copies to the Registrar.]

1. While the inquiries to which Annex 1 refers were being pursued, the
Department of State of the United States Government in Washington, D.C.,

conducted an examination of its own archives ta determine whether they con-
tained any relevant information on the possible acceptance by Nicaragua of the
compulsory jurisdiction of the Permanent Court of international Justice. That
examination revealed despatch No. 1035of 13May 1943from the United States
Ambassador to Nicaragua fonvarding to the Department of State a letter of the
same date from the Ambassador to Judge Hudson reporting on the results of
the Ambassador's inquiries at the Ministry for Foreign Affairs of Nicaragua.
That letter from the Ambassador to Judge Hudson reported that the Foreign
Minister of Nicaragua had informed the Arnbassador that as of that day, "there
is no record ofthe instrument of ratification having been transmitted to Geneva".
An authenticated copy of the full text of the despatch and enclosed letter is
appended to this Annex II '.
2. The Department of State has found no further documentation, from any
source, relating to thisatter.

'Not reproduced. CORRESPONDENCE

20. THEREGISTRARTO THE AGENTOFTHEREPUBLICOF NICARAGUA

24 April 1984.

1 have the honour to confirm the transmittal made late last night to the
Embassy of Nicaragua at The Hague of a copy of a communication received
yesterday evening frorn the Agentof the United States of America in the pro-
ceedings instituted by your Government before the International Court of Jus-
tice. An additional copy is attached herewith.

21. THE AGENT OF THE REPUBLICOFNICARAGUA TO THE REGISTRAR

24 April 1984.

1 have the honour to refer to the letter dated 23 April 1984to the Registrar
by the Agent of the United States of America in the proceedings relating to the
Application of the Republic of Nicaragua of 9 April 1984.
On behalf of the Republic of Nicaragua 1 wish to state that the matters
referred to by the Agent of the United States, are matters, which can only be
taken into consideration by the Court in the course of the hearings on the request
for interim measures ofprotection and then only in so far as these matters may
be relevant to those proceedings. This view is, of course, in accordance with

Article 36(6) of the Statute of the Court, which provides that in the event of a
dispute as to whether the Court has jurisdiction the matter shall be settled by
the decision of the Court.
Without conceding in any way the appropriateness of the United States'
argument at this point in theseproeeedings, and furthemore, without prejudice
to other arguments that Nicaragua will present at the appropriate time to any
objections to the Court's jurisdiction, 1would like to state:

1. Nicaragua ratified in due course the Protocol of Signature of the Statute of
the Permanent Court.
2. Apart from the 1929Declaration of Nicaragua accepting without qualification
the cornpulsory jurisdiction of the Permanent Court, which Nicaragua con-
tends to be fully effective,there are in force other treaties which provide this
Court jurisdiction over the Application filed by Nicaragua on 9 April 1984.

The Republic of Nicaragua reserves the right to reviewal1pertinent issues of
law and fact at the proper time.

22. THEREGlSTRARTO THE AGENT OPTHEUNITED STATESOFAMERICA

24 April 1984.

I have the honour to transmit to you herewith a copy oa letter, dated 24April
1984 and received in the Registry today, from the Agent of Nicaragua, in
connection with the proceedings instituted by the Republic of Nicaragua on
9 April 1984.370 MILITARY ANI)PARAMILITARYACTlVlTlES

23. LECHAR& D'AFFAIRESDE L'AMBASSADE 1)U HONDURAS AU GREFFlER

24 avril 1984.

J'ai l'honneur, suivant les instructions reçues de mon gouvernement, de vous
adresser ci-joint, copiede la note que le Gouvernement du Honduras vous transmet
par l'intermédiairede Son Excellence le Secrétaire générdaels Nations Unies.
Je saisis cette occasion pour renouveler Monsieur le Greffier les assurances
dema plus haute consideration.

(Signi) Arias de SAAVEI~A Y MUGUELAK.

(Traduction non oficidlti)

(Télex)

Tegucigalpa, le 18avril 1984.

Son Excellence Monsieur Javier Pérezde'Cuéllar
Secrétairegénéralde l'Organisation des Nations Unies
New York, NY, USA

Monsieur le Secrétaire général,

J'ai l'honneur de présenter mes compliments $ Votre Excellence à l'occasion
de vous exprimer la grave préoccupation du Gouvernement du Honduras au
sujet des nouvelles démarches internationales entreprises par le Gouvernement
du Nicaragua afin de soustraire1la compétencedu moyen de solution pacifique
spécialpromu par le groupe deContadora, formé par la Colombie, le Mexique,
le Panama et le Venezuela, la solution dea crise politique, économique, sociale
et de sécuritéqui frappela régioncentroamericaine et dont la nature complexe
exige une solution globale et multilatérale.
11est de la connaissance de Votre Excellence que cette crise est le résultatdu
débordement des conflits internes de quelques pays de la zone, du manque de
respect aux droits de l'homme. du sous-développementéconomique et social et

très spécialementde la course aux armements etde I'accroissementdémesurédes
forces arméesdu Gouvernement du Nicaragua, engagé àpromouvoir le déséqui-
libre de gouvernements voisinspar l'encouragement. le financement, I'entraîne-
ment et la prestation d'assistance logistique et de communications aux groupes
insurgésd'autres pays centroaméricains aveclebut d'instaurer desgouvernements
qui lui soient proches.
C'est précisémenpt our chercher une solution intégrale la crise centroamé-
ricaine que le groupe de Contadora proposa Urienégociation directe entre les
Etats de la région, qui fut acceptée par le Gouvernement du Honduras et à
laquelle il donna son appui le plus large en participant activemeattoutes les
réunionsconvoquées par ce même groupe.
Le Gouvernement du Honduras présenta le 4 avril 1983, au sein du Conseil
permanent de l'organisation des Etats américains, un projet de résolution aux

fins de pacification de la zone centroaméricaine. la demande du groupe de CORRESPONDENCE 371

Contadora, présentéeau même Conseilpar le représentant permanent de la
Colombie. le Honduras accepta la suspension de la discussion dudit projet de
résolution afin que les négociations directespromues par ce groupe de pays
membres de t'organisation des Etats américains aientl'opportunité d'aboutir à
des résultatspositifs.
A ce sujet, Son Excellence leministre mexicain des relations extérieures,
Monsieur Bernardo Sepulveda. a reconnu, dans la conférencede presse tenue

dans la capitale de sonpays le 13avril1983, que l'attitude conciliatoiremontrée
par leHonduras au sein de l'organisation des Etats américainsa rendu possible
les gestions entamées par le groupe de Contadora. Le ministre mexicain, se
référanta la réunion tenue iPanama par les ministres qui intégrentle groupe et
qui décidérent leur interventiona dit textuellement:
«On s'avisadans une premièreinstanceque leplusurgent était des'assurer
que le Conseil permanent de I'OEA n'inhibait pas l'action des ministres
membresdu groupe Contadora dans leur initiativepour trouver des formules

de solution en Amérique centrale.IIs'agissaitla d'une question urgente, car
le Conseil permanent de I'OEA devait examiner un projet de résolution
présentépar le Honduras ce même lundi après-midi. Heureusemenett grice
une sériede conversations tenues avec d'autres parties intéresséesdans
cette question, il fut accordé d'ajourner son étude au sein du Conseil
permanent, permettant ainsi de transférer 1a question de la tribune régio-
nale à celle de Panama, c'est-i-dire aux ministres des affaires étrangères
du groupe Contadora. En même tempson a compris I'opportunitéde fitire
une démarche auprès des Nations Unies pour qu'elles s'abstiennent de
toute action qui doublerait celle qui venait de s'entamer a Panama lundi
dernier.
Les parties intéresséesnt accueilli avecbeaucoup d'intérêlta proposition
qu'on leur faisait et elles ont décidéde demander au Conseil permanent de
f'OEA l'ajournement de la question. Celle-ci fut la premièreaction prise 1
ce sujet et qui, je répète- déclara le ministre Sepulveda - nous laissa
libres quant i la capacité d'actionpour assumer la juridiction directe sur
ce sujetD

Au cours de plus d'une annéede négociations multilatéraled sélicates,nous avons
pu constater l'appui trèslarge reçu par le groupe de Contadora, tant de la part
de I'Organisation des Etats américains (AGRés.675-XlII-0/83) comme de
l'Assembléegénérale(Rés.38/10)et du Conseil de sécuritéde l'organisation des
Nations Unies (Rés.530(1983)) ainsi que de la part de la communautéinterna-
tionale en général.sans distinction de systèmes ideologiques, politiques, cono-
miques ou juridiques.
C'estpour cette raison que leGouvernement du Honduras considèrenécessaire
et du plus grand intérêp t our les Etats dela régioncentroaméricaineet autres
Etats pacifiques, que le groupe de Contadora poursuive ses efforts dans la

recherche d'une paix durable et stable pour la région,sans que cette procédiire
soit exposéeii la frustration par le recours qu'un pays pourrait fairi d'autres
moyens de règlement pacifique.
D'accord avec cette thèse,partagée par la majoritédes pays centroaméricains
el par le groupe de Contadora. le Gouvernement du Honduras tient i signaler
le danger que supposerait le traitement simultanéde la crise centroaméricaine
par des différentes instances internationales - comme l'a prétendu le
Gouvernement du Nicaragua - lorsque des négociationsdirectes sont déji en
cours. Cette thèses'estvueconfirméepar lerenvoide faquestion centroaméricaine
au groupe de Contadora, avec l'appui inconditionnel du Conseil de sécurité des372 MILITARY AND PARAMILITARY ACTIVITIES

Nations Unies, de l'Assemblée généraldee cette mêmeorganisation et de
l'Assemblée généradle e l'organisationdes Etats américains.
Le Gouvernement du Nicaragua essaye de nouveau de sejouer du procèsde
négociationde Contadoraen prétendant soumettrela crise centroaméricaine -
de nature essentiellementpolitique- à la connaissance et résolutionde la Cour
internationalede Justice, adétrime nts négociationsen cours et en méconnais-
sant mêmelesrésolutionsde l'organisation des Nations Unies, de l'organisation
des Etats américains et l'appui-international total qu'a mérité cette voie de
pacification.

II va sans dire que les négociations poursuiviespar les pays de l'Amérique
centrale dans le cadre de Contadora sont clairement autoriséespar l'article52
de la Charte de I'ONU et par l'article 23 de la Charte de I'OEA, qui favorisent
les accords régionauxdes différends.
Le Gouvernement du Honduras, sans participer ni prétendre intervenir de
quelque manièreque ce soit dans la procédureentaméepar le Nicaragua contre
les Etats-Unis d'Amériquedevant la Cour internationale de Justice, observe avec
préoccupationlapossibilitéqu'une éventuellerésolutionde la Cour puisseaffecter
la sécuritédu peuple et de 1'Etatdu Honduras qui dépendenten grande partie
des accords bilatérauxet multilatérauxde coopération internationaleen vigueur
- accords publics et dûment enregistrésau Sécritariat généralde I'ONU - si
de manière directeet unilatéraleon essayait de restreindre ces accords, ce qui
aurait pour résultatde laisseron pays dans une situation sans défense.
LeGouvernement du Honduras juge aussi,qu'ayant été approuvé iil'unanimité
au sein du groupe de Contadora le 9 septembre 1983 le <<documentd'objectifs))
qui comprend la totalité desproblèmes que constitue la crise centroaméricaine
dans ses diverses manifestatioen ts,ue se trouvant en outre en cours les
négociations entaméespar les cinq pays çentroaméricainsdans les trois com-
missionsde travail crééesacet effetilest nécessaireque cette procédure continue
sans êtreperturbéepar la soustraction de la matiérede sa compétence.
Vu lesraisons ci-dessusexposeeset vu la demande introduite par le Nicaragua
devant la Cour en indication de mesures conservatoires dans la procédure
entamée par le Nicaragua contre les Etats-Unis d'Amérique,je prie Votre
Excellencede bien vouloir transmettre, avec l'urgencerequise par leasd'espèce,
à Monsieur le Greffierde la Cour internationale de Justice, le texte de cette note

qui contient les préoccupationsdu Gouvernement du Honduras sur les effetsque
ces mesures pourraient avoir sur la négociatioen cours ainsi que sur la sécurité
internationale deI'Etat du Honduras.
Je saisiscette occasion pour exprimerà Votre Excellence lesassurances de ma
plus haute considération.

(Signé)Arnulfo PINEDA LOPEZ.

24 Aprii 1984.

1 have the honour to acknowledge receipt of the letter with annexes handed
in to the Registry at7.45p.m. on Monday 23 April 1984,concerning the pro-
ceedings instituted by Nicaragua against the United States of America.
This letter, a copy of which has been transmitted to the Agent of Nicaragua,
isunder consideration by the Court. COKKESPONDENCE

25. THEREGISTRARTOTHE AGENTOF THE REPUBLIC OF NICARAGUA

24 April 1984.

I have the honour to acknowledge receipt of your letter of today's date com-
menting on the letter reçeived yesterday from the Agent appointed by the United
States of America inthe proceedings instituted by your Governrnent.
1have transmitted a copy of your letter to the Agent of the United States.

26. THEAMBASSAIIOROFTHEREPUBLIC OF NICARAGUA TOTHEREGISTRAR

24 April 1984.

1have the honour to refer to the Application of the Republic of Nicaragua of
9 April 1984. On behalf of the Republic of Nicaragua, 1 wish to inform the
Court of the names of the counsel for Nicragua:

27. THEAMBASSAUOROFTHEREPUBLIC OF NICARAGUA TOTHEREGISTRAR

24 April 1984.

1have the honour to refer to the Application of the Republic of Nicaragua
of 9 April 1984. On behalf of the Republic of Nicaragua 1 am enclosing two
sets ofExhibits 1, TI,III, IV, V, and VI 'to which the Republic of Nicaragua
will refer in the oral proceedings of25 April 1984. Please note that Exhibits 1
and Il are Affidavits, the originals of which are included in the materials
enclosed herewith. 1 am having additional copies of Exhibits 1-VI produced
and will provide them to the Court as soon as possible. 1 will also provide

to the Court as soon as possible Exhibits VI1and VI11 with sufficient copies
thereof.

28. THEREGISTRARTOTHE AGENTOF THE REPUBLIC OF NICARAGUA

24 April 1984.

I have the honour to acknowledge receipt of the letter of 24 April with which
you enclosed two sets of Exhibits to which Nicaragua intends to refer at the
hearing of 25 April 1984, as also of the two sets themselves, one of which has
been transmitted to the Agent of the United States.

See 1pp. 135-213. MILITARY AND PARAMILITARYACTIVlTlES

29. THEREGISTRARTO THEAGENTOF THE REPUBLICOF NICARAGUA '

24 April 1984.

1 have the honour to draw your attention to the following provisions of
Article 71 of the Rules of Court:

"1. A verbatim record shall be made by the Registrar of every hearing,
inthe officiailanguage of the Court which has been used ...
4. Copies of the transcript shall be circulated to the judges sittinin the
case, and to the parties. The latter may, under the supervision of the Court.
correctthe transcripts of speeches and statements made on their behalf, but
in no case may such corrections affect the sense and bearing thereof ..."

The transcript of the oral proceedings opening on Wednesday 25 April 1984
will be circulatedto the Parties as follows: the tr;lnscript of a hearing held from
10 a.m. to I p.m. will be available in the evening of the süme day, and tliat of
a hearing held from 3 to 6 p.m. will be available during the morning of the
following day.

In order to facilitate any supervision which the Court may feel it proper to
exercise,1 shall be obliged if you will hand your corrections to my secretary as
soon as possible after the circulation of each trünscript, and in any event not
later than 6 p.m. on the day following suçh circulation.

24 April 1984.

I am pleased to provide the Court with the enclosed list of Counsel and others
who have assisted the United States in conneçtion with the Application of the
Republic of Nicaragua and its Request for the indication of lnterim Measures.
Arguments shall be presented or1behalf of the United States by the Agent. the
Deputy Agent and the Special Counsel.

31. THE AGENT OF THE UNITEDSTATESOF AMERICA TO THEREGISTRAR

24 April 1984.

1 have the honor to acknowledge receipt of your letter number 71621 of
24 April 1984forwarding a letter of the same date from the Agent of Nicaragua
together with one copy of Exhibits 1to VI. This letter and these documents were

received rit approximately 9.15 this evening.
We have noted that the Agent of Nicaragua is reportedly having additional
copies of Exhibits 1to VI prepared, and we are awaiting copies thereof. We have

lA communication inthe same terms was sent to the Agentof the United Stalesof
America. CORRESPONDENCE 375

also noted that two further exhibits, numbered VI1and VI11are to be provided
as soon as possible.
In viewof the short time hetween receipt of those documents and the scheduled
opening of the hearing at 10.00 tomorrow morning, 1must reserve my rights for

adequate time to study this voluminous documentation and, if necessary, to file
rebuttal affidavits and arguments.

25 April 1984.

1acknowledge receipt of your letter dated 24 April 1984which was handed to
me today on your behalf.
1have transmitted a copy of your letter to the Agent of Nicaragua.

33. THE REGISTRAKTO THF;AGENTOFTHEUNITED STATES OFAMERICA

25 April 1984.

1 have the honour to place on record that at 11.40a.m. today, during the
break in the public sitting in the case concerning Military and Paramilirary
Activitip.in unci~rguhstNicarugua (Nicaragua v. United Stutes ofAmrricu) 1
handed to you one copy eüch of the documents which had then just been
deposited by the Agent of Nicaragua in that case, and identified by him as
Exhibits VII, VIII, IX, and X '.

34. THE REGISTRAR TOTHE SECRETARY-GENERALOF THE UNITED NATIONS

25 April 1984.

1have the honour to refer to my telex message of 9 April 1984(haj 0002-04),
by which 1 informed you of the filing by the Republic of Nicaragua of an
Application instituting proceedings against the United States of America (case
concerning Milituryund PurumilituryActiryitiesin und against Nicaragua (Nica-
ruguuv. UnitedStutes cifAmerica), and to my letter of Il April 1984 with which

1 sent you (inter dia) a copy of that Application. 1 now have the honour to
inform you that 1 am forwarding to you by pouch but under separate cover
(marked "Attention Director, General Legal Division") 160 printed copies of
that Application.
1 would be grateful if, in accordance with Article 40, paragraph 3. of the
Statute of the Court, you would be good enough to inform the Members of the
United Nations of the filingof this Application.

'Sec 1,pp.214-253. MlLITARY AND PARAMILITARY ACTIVITIES

35. THE AGENT OF THE UNITED STATESOF AMIiRICATO THE REGISTRAR

25 April 1984.

1 have the honour to enclose documents ' to which the United Statesproposes

to refer during the oral proceedings in the case brought by the Republic of
Nicaragua against the United States of America. 1 have attached the required
certification Please deliver a set of these materials to the Agent of the Republic
of Nicaragua at your earliest convenience.

36. THE AGENT OF THE UNITED STATESOF AMERlCA 70THE REGISTRAR

27 April 1984.

1have the honor to enclose Exhibit IV3 to which the United States proposes
to refer during the oral proceedings inthe case brought by the Republic of

Nicaragua against the United States of America. 1 have attached the required
certification4. Please deliveret of these materials to the Agent of the Repubiic
of Nicaragua at your earliest convenience.

37. THE REGISTRARTO THE AGENT OF THE REPUBLIC OF NICARAGUA

27 April 1984.

1 have the honour to transmit to Your Excellency herewith a copy of a letter
from the Agent of the United States of America,inthe case concerning Militury
and Paraniilitury Activities in and ugainst Nicaragua (Nicoru~uuv. United Stares
rfAmerica), dated 27 April 1984 and received in the Registry this morning,

together with a copy of the document referred to therein as Exhibit IV.

38. THE AGENT OF THE UNITED STATESOP AMERICA10 THE REGISTRAR

27 April 1984.

1have the honor to refer to the officia1printed text of the Application Iristi-
tuting the Proceedings5 filed on 9 April 1984 in the case entered into the Court's
General List under number 70. In that printed text, the case is entitled "Case
concerning Military and Pararnilitary Activities in and Against Nicaragua
(Nicaragua v.United States of Ainerica)".

1regret to have to inform you that the United States regards the title given to

'See 1,pp. 254-335.
Not reproduced.
See 1,pp. 336-358.
Not reproduced.
1,pp.3-24. CORRESPONDENCE 377

the case as prejudical. Accordingly, 1have the honor to request that the title be
replaced by one that is neutral.

39. THEREGlSTRARTO THE AGENT OF THE UNITIIU STATES OFAMERICA

28 April 1984.

1 have the honour to acknowledge receipt of your letter of 27 April 1984,
received in the Registry today, referring to the title of the proceedings instituted
by Nicaragua on 9 April 1984, namely the case concerning Military and Para-
military Activities in und aguinst Nicrrruguu (Nicuraguu v. Uniied States of
Americaj .
On the instructions of the President of the Court, to whom 1have submitted
your letter, I have first to explain that the titles affixedto cases before the Court,
which are purely for purposes of identification, are chosen by the Registrar, with
the approval of the President. Such titles are chosen on the basis that they should

describe, as neutrally as possible, the nature of the case, which is however
necessarily atthat stage defined solely by the Application or special agreement.
In your letter you inform me that the United States regards the title set out
above as "prejudicial", and requests its replacement by one that is "neutral".
You have however not indicated in what specificrespect your Government finds
the title unsatisfaçtory from that point of view, or what title would be regarded
by your Government as "neutral". If you will be so good as to explain more
fully your Government's opinion in this respect, 1shall bring the matter further
to the attention of the President of the Court.
A copy of your letter and of the present reply is being transmitted for infor-
niation to the Agent of Nicaragua.

2 May 1984.

1have the honor to refer to your letter of 28 April regarding the name given
to the case brought by Nicaragua against the United States of America.
As you are aware, the United States is of the view that the Court is now in a
position to find that a conclusive showing has been made that the Court has no
jurisdiction or cornpetence to hear Nicaragua's Application and Request for the
indication of interim measures. We took that position both in the letter of
23 April 1984to the Registrar and in the United States oral presentation to the

Court on 27 April 1984.
In keeping with the principle thaa "party should not have to give an account
of itself on issues of merits before a tribunal which lacks jurisdiction in the
matter, or whose jurisdiçtion has not yet been established" (Apped Relating to
the Jurisdiction of the ICA0 Council, Z.C.J. Reports 1972, p. 56), the United
States has abstained from addressing the allegations of fact contained in Nica-
ragua's Application and request. As noted on 27 April, the abstention of the
United States from addressing those allegations does not in any way constitute
an admission of any such allegations and is without prejudice to the rights of
the United States. (1,p. 115.)378 MILITARYAND PARAMILITARYACTIVITIES

The name assigned to the case appears to suggest that the Court concluded,
in advance of any decision with regard to evenjurisdictional issues,that military
and paramilitary üctivities have unjustifiably been undertaken in and ügainst

Nicaragua. Thus the name of the case appears to give credence to allegations
which are unproven, and the truth of which are not properly the subject of
adjudication by the Court because of what the United States believes it has
conclusivelyproven to be the manifest lack of any jurisdiction.
We note that in the past, cases have frequently been named on the basis of
geographic location (e.g.,Nuri11Seo Cnnfinen/al alhelfcases,Aegrun Seu CUPI-
~incntalSheIfcase, etc.). The United States respectfully suggeststhat a simple
denomination of the parties or of the locale of the controversy, such as "Case
Concerning an Application of Nicaragua Against the United States of America"

would be a neutral and non-judgrnental description of the matter.

41. THE REGISTRARTO THEAGENTOFTHEUNITED STATESOPAMERICA

4 May 1984.

1 have the honour to acknowledge receipt of your letter of 2 May 1984,

concerning the name given to the proceedings instituted by the Republic of
Nicaragua against the United States of America, which has been laid beforethe
President ofthe Court, and a copy transmitted to the Agent of Nicaragua.

42. LEGREETIER ADJOINT AU CHARGÉD'AFFAIRESDE L'AMBASAUE LIUHONIIURAS
AUX PAYS-BAS

4 mai 1984.

J'ai l'honneur d'accuser réception de la copie de la note adresséepar le
Gouvernement du Honduras au Secrétairegénéradle l'organisation des Nations
Unies pour transmission au Greffier de la Cour, copie que vous avez eu
l'obligeancede remettre personnellement.

(Signé) Eduardo VALENCIA-OSPINA.

43, THE REGISTRAR TU THE AGENT OF'ïHE REPUBLICOF NICARAGUA '

7 May 1984.

1have the honour to inform you that the Court will make known its decision
on your Government's request for provisional measures in the case concerning
itfilitciund Purrr~niliturActiviries in andaguinsl Nicuruguu at a public sitting

to be held on Thursday 10May 1984,at 12noon.

'A communication in the same terms was sento the Agentof the United Statesof
America. CORRESPONDENCE

44. THE REGlSTRARTO THESECRETARY-GENERAL OFTHE UNITEDNATIONS

10 May 1984

1have the honour, in accordance with Article 41, paragraph 2, of the Statute
of the Court, to send you herewith an ofiicial copy, for transmission to the
Security Council of the United Nations, of an Order of today's date by which
the international Court of Justice has indicated provisional measures in the
case concerning Militury und Purumilitu~y Activities in und uguinst Nicurugztu
(Nicarugzla v. United Stutcs of Americu).

45. THE AGENT OF THE UNITED STATES OF AMERICA TO THE REGlSTRAR

14May 1984.

This isto confirm the United States' understanding of the intentions of the
Court with respect to the schedule for further proceedings on the Application

filed by the Republic of Nicaragua against the United States. The United States
understands that the Court intends to establish a schedule whereby Nicaragua
would be required to file a mernorial with6nweeks from the date of the Court's
indication of provisional measures in this case. and the United States would be
provided a further 6 weeks to file a counter-mernorial. Although the United
States believes a more expedited schedule isjustified in the circumstances of this
case, it isully prepared to comply with the wishes of the Court.
It is the further understanding of the United Statcs that the Court will focus
during this period on the questions of the jurisdiction of the Court and the
admissibility of the Application of the Government of Nicaragua, in accordance

wirh the decision of the Court of May 10, 1984,and that oral proceedings will
take place before the end of August of 1984.

46. THEPIRSTSECRETARY TO THEAGENT OF THE UNITED STATESOF AMERICh

14 May 1984.

1 have the honour to acknowledge receipt with thanks of your letter of today's
date concerning the further proceedings in the case concerning Militury und
Purun~ilituryActivities in utid uguinst Nicuruguu {iliicarugztav. UniteriStates of
Atnericaj, and to inform you that by an Order dated 14May 1984,the President
of the Court has fixed the following time-limits,ursuant to paragraph 41 (D)
of the Order made by the Court on 10 May 1984. for the written proceedings
on the question of the jurisdiction of the Court and the admissibility of the
Application in that case.

For the Mernorial of the Republic of Nicaragua :30 June 1984.
For the Counter-Mernorial of the United States of America: 17August 1984.

The subsequent procedure, including the date for the opening of oral proceed-
ings on these questions, is reserved for further decision.1 enclose two plain
copies of the Order: the officia1sealed copy will be sent to you shortly.380 MILITARYAND PARAM~LITARY ACTIVITIES

47. THEFIRSTSECRETARYTOTHEAGENTOF THEREPUBLICOF NICARAGUA

14May i984.

1have the honour to transmit 10 you herewith for information a copy of a
letter, dated 14May 1984and received in the Registry today, from the Agent of
the United States. in this connection 1have the honour further to inform you
that by an Order dated 14 May 1984, the President of the Court has fixed the
following time-limits, pursuant to paragraph 41 (D) of the Order made by the
Court on 10 May 1984, for the written proceedings on the question of the
jurisdiction of the Courtand the üdmissibility of the Application in the case con-
cerning Military und ParamilitaryActivities in arid ugainst Nicurugua (Nimra-
gua v. UnitedSfates of America) :

For the Memorial of the Republic of Nicaragua: 30 June 1984.
For the Counter-Mernorial of the United States of America: 17 August 1984.

The subsequent procedure, including the date for the opening of oral proceed-
ings on these questions, is reserved for further decision. 1 enclose two plain
copies of the Order: the officia1sealed copy will be sentto you shortly.

48. LEGREFFIERAU MINISTREDESAFFAIRESÉTRANGERESD'AFGHANISTAN '

15mai 1984.

Le 9 avril 1984 a étédéposéeau Greffe de la Cour internationale de Justice
une requêtez par laquelle la République du Nicaragua a introduit contre les
Etats-Unis d'Amérique une instance en l'affaire des Activités militaireetpururrti-
litairesau Nicaraguaet contre celui-ci(Nicuruguac. Etats-U~isd'Amérique).
J'ai l'honneur, a toutes fins utiles, de vous transmettre ci-joint un exemplaire

de cette requete.

49. THE DEPUTY-REGISTRAR TO THEAGENTOFTHE REPUBLICOPNICARAGUA

26 June 1984.

1have thehonour to acknowledge receipt of the communication dated 25 June
1984which you handed to the Registrar yesterday, consisting of a "Request of
the Republic of Nicaragua concerning Tmplementation of the Court's Order of

10May 1984" in the case concerning Military and PuramiiirnryActivities in und
against Nicaragua(Nicaruguu v. United States of Arnerica), ü "Chronological
Account of U.S. 'Covert Activities' in and against Nicaragua since IO May
1984", a number of attachments thereto (as to which 1 have of course been in
touch with you by telephone to clarify certain points) and an affidavit by the
Vice-Minister of the Interior of Nicaragua.

Une communication analoguea étéadressée aux autres Etatsadmis à esterdevant
I:Cour.
1,pp.1-24. CORRESPONDENCE

50. LE GREFFIERAU MINISTREDESAFFAIRESÉTRANGÈRES D'AFGHANISTAN '

28juin 1984.

Le Greffier de la Cour internationale de Justice al'honneur de transmettre,
sous ce pli, un exemplaire de l'ordonnance rendue par la Cour le 10 mai 1984'
sur lademande en indication de mesuresconçervatoiressoumise par la République
du Nicaragua en l'affaire des Activitésmilitaires etparumili~airesuu Nicuragua
ei contre celui-ci(Nicaragua c. Etuts-Unisd'Amérique).
D'autres exemplaires seront expédiésultérieurementpar la voie ordinaire.

29 June 1984.

I have the honour to transmit herewith copies of attachments Nos. 4 and 12
of our last submission to the Court.
Please note that pages 9 and 10 are not included since these do not refer to
the matter in Court as can be verified inthe included index ofthe text. ln any

case,1 have also requested copies of these pages for the Court's perusal and will
transmit them to you as soon as possible.

30 June 1984.

1 have the honour to açknowledge receipt in the Registry today of the
Memorial of the Republic of Nicaragua on the questions of the jurisdiction of

the Court and the admissibility of the Application in the caseconcerning Mililary
and ParamilitaryActivities inund uguinsiNicaraguu (Nicuruguuv. UniiedStates
oj'Arnericu),together with the copies thereof required by Article 52,paragraph 1,
of the RuIes of Court. 1 confirm that this pleading was thus filed within the
time-limit fixed therefor by the Order made by the President of the Court on
14May 1984.
The certified copy of theemorial is being communicated by me to the Agent
of the United States of America, pursuant to Article 43, paragraph 4, of the
Statute of the Court and the above-mentioned provision of the Rules of Court.

53. THE REGISTRARTO THE AGENT OF THE UNITED STATESOFAMERICA

30 June 1984.

1 have the honour to transmit herewith, pursuant to Article43, paragraph 4.

la Cour.ommunicationanalogue a été adresséeaux autres Etats admis ester devant
C.1.J.Recuei1984,p. 169.382 MILITARYAND PARAMILITARYACTIVITIES

of the Statute of the Court and Article 52, paragraph 1,of the Rules of Court,
a certified copy of the Memorial of the Republic of Nicaragua on the questions

of the jurisdiction of the Court aiid of the admissibility ofthe Application in the
case concerning Militury and P~tramilitcrryAcfipifies in utrd uguinsi Nicurugua
(Nicciruguuv. United Stutes of Americu), filed in the Registry today, pursuant
to paragraph 41 (D) of the Order made by the Court on 10 May 1984and to
the Order made by the President of the Court on 14May i984.

54. THE REGlSTRhR TO THE AGENT OF THE REPUBLlC OF NICARAGUA

5 July 1984.

1 have the honour to refer to the Memorial of the Republiç of Nicaragua on

the questions of the jurisdiction of the Court and the admissibility of the
Application in the case concerning Milit~~ryund PururnilituryActivitiesin aizd
aguinst Nicaragrlu(Nicaragua v. United States of Antericil), filed in the Registry
on 30 June 1984. As 1 had the honour to note on that occasion, Annex 1.
Exhibits B and C Lirein Spanish, with no translation supplied. In accordance
with Article 51, paragraph 3, of the Rules of Court, a translation into English
or French should be supplied and certified by the party submitting it as accurate.
Also, Annex II, Exhibit D, has been photocopied so that the ends of the lines of
print are cut off; it isnecessarythat the Registry be supplied withcompletecopies.
May 1 add that in the textof the Memorial the passages quoted at pages 51,

55-56and 73-74appear to be incorrectly transcribed.

55. THE PRESIDENT TO THE AGENT OF THE REPUBLIC OPNICARAGUA

6 July 1984.

On behalf of the Court 1wish to acknowledge the receipt of your communi-
cation dated 25 June 1984üddressed to the Registrar of the Court and to give
the following reply:

1. The Court recalls that in the A~glO-Irffni~nOil Co. case Britain asked the

SecurityCouncil to take certain reinedial measuresagainst the Iran Oil Company
for failure to carry out certain interirnrneasureç ordered by the Court. The
cornplaint was not brought to the Court. The Security Council decided that the
new request must await the outcome of the proceedings on jurisdiçtion whiçh
were then pending before the Court.
The Court seesno reason to take a different position in regard to your present
Request and would suggestthat youawciittheoutcome ofthe pending proceedings
on jurisdiction.
2. The Court notes paragraph 9 (c)of your Request concerningthe implemen-
tation of the Court's Order of IO May 1984 inwhich you stated: "(c) That, until suçh time as the United States ceases and desists from al1
activities that do not comply with the Order of 10May 1984,the facilitiesof
the Court shall not be available to the United States for the purpose of
rendering a decision in its favor in any other pending or future case, and the
United States shall notbe permitted to invoke the Court's aid in any matter."

The Court considers that this somewhat unprecedented request is difficult to
contemplate for the following reasons:

(a) that the demand "that the facilities of the Court shall not be available to
the United States for the purpose of rendering a decision" is fundamentally
unacceptable to the Court since it relates to the rendering of a decision in
favour of the United States "in any other pending or future case" including,
one would suppose, the Chamber proceedings in the Gulf of Maine case;
including also any other proceedings before the Court, not excluding its
present Request itself or the pending jurisdictional issue; also. any future
case that the United States might wish to bring to the Court;
(b) that the United States "shall not be permitted to invoke the Court's aid in

üny matter", a request that is considered not only unacceptable but also
impermissible in that it unduly restricts the Court in the exercise of its nor-
mal function as a court; and
(c) that there is no warrant or authority for the request in this paragraph 9 (c),
in neither the Statute of the Court nor the Rules.

3. As regards paragraph 9 (a) and (b), although these demands would seem
to come within the ambit of the Order of 10 May 1984, it would seem that they
might best be taken along with paragraph 10 of your Request in any further
stage of the proceedings dealing with the question of merits of the case, including
the issue of compensation.
TheCourt takes the viewthat the Government of the United Statesof America
is not unaware that the Court naturally expects it to comply with the Order of
10 May 1984 in strict accordance with its terms.

(Signedj T. O. ELIAS.

56. THEAGENTOFTHEREPUBLICOF NICARAGUATO THE RECISTRAR

16July 1984.

1have the honour to refer to the Memorial of the Republic of Nicaragua on
the jurisdiction of the Court and the admissibility of the Application in the
case concerning Militury und Puramilirary Activities inand ugainst Niruruguu
(Nicurug~rav. United States of Amerira), filed in the Registry on 30 June 1984.
On behalf of the Republic of Nicaragua, 1enclose the followinb y 'tems:

1. French translations of the documents attached to Nicaragua's Memorial as
Annex 1, Exhibits Band C. (The translations are taken from 1. C.J. Pleudings,
case concerning the ArhitrcilAwurdmude by theKing of Spain on23 Becember
IY06 (Hondurasv. Nicaragua), Vol. 1,pp. 128-129(Annexes XXIX and XXX
to Memorial of Honduras));
2. A comptete photocopy of'AnnexII, Exhibit D to Nicaragua's Memorial; and
3. Corrected copies of pages 51, 55-56 and 73-74 of Nicaragua's Memorial,
dong with an Errata list concerning these corrections.384 MILITARY AND PARAMILITARY ACTIVITIES

57. THEEMBASSYOFTHEUNITED STATESOFAMERlCATOTHEREClSTRAR

18July 1984.

Enclosed please find the advance text of a letter to you from Mr. Davis
R. Robinson, Agent ofthe United States of America. The original letter is being
transmitted to us and will be sent to you as soon as possible. However, in view
of tirne çonstraints, are providing you with this advance copy.
Please feel frre Icontact me for any further iiiformation or assistance.

(Signedj Jamison M.SELBY.

18July 1984.

Recent enquiries by the United States in connection with the applicationby
Nicaragua have brought to light a letter sent to the laie Judge Manley O.
Hudson by the former Registrar of the Court, Mr. Julio Lopez-Olivan, dated
2nd Septernber1955,Court Registry Nos. 22622119515, 19512, 19521a,nd a fol-
low-up letter from the former Deputy-Registrar, Mt. Jean Garnier-Coignet,
dated 28th September 1955,Court Registry No. 22724, enclosinga letter from
Mr. A. Pelt of the League of Nations Archives to Mr. Olivin dated
14th September 1955.
The United States is considering submitting these letters with its Counter-
Mernorial on Jurisdiction in the case of Nicaragua v. The United Stcife'iof
America. However, we have been unable to find a record of the late Judge

Hudson's original enquiryto Mr. Olivin whjchprecipitated these letters.
1 would be very grateful if you could check the Registry's files for Judge
Hudson's initial communication and apprise us of the outcome.

19July 1984.

I have the honour to transmit to you herewiricopy of a letter, dated 16July
1984and receivedin the Registry on 17July 1984,from the Agent ofNicaragua
in the case concerningMilituryand ParumilitaryActivifiesinandaguinst Nictlruguu
(Nicaragua v. Unitrd States of America), together with copiesof the enclosures

thereto. With regard to the corrections referredto, to be made to pages 51, 55-56
and 73-74of the Mernorialfiledby Nicaragua on 30June 1984,l have thehonour
to inform you that the President ofthe Court has given Ieave,under Article 52,
paragraph 4, of the Rules of Court, for these corrections to be made.

59. THE REGISTRARTOTHE AGENT OF THEREPUBLICOF NICARAGUA

20July 1984.

1have the honour to acknowledge receiptof Your Excellency'sletter of 16July
1984,with its enclosures. Sofaras concerns the corrections to pages 51, 55-56 CORRESPONDENCE 385

and 73-74of the Mernorial filed on 30 June 1984,the President of the Court has
given leave, pursuant to Article 52, paragraph 4, of the Rules of Court, for those
corrections to be made.
With regard to the translations into French of the documents annexed to the
Memoriat (Annex 1, Exhibits B and C), although 1 note that these are the
translations filed by Honduras in the case concerning the Arbitral Award made
by the KingofSpain on23December 1906(reproduced in the Court's Pleadings
volumes for that case), 1 should, however, observe that we are here in the
presence of a different case and under Article 51,paragraph 3, of the Rules of
Court, a translation of a document annexed to a pleading in a case is required
to be certified as accurate by the party submitting it. 1 should, therefore, be

obliged if the translations into French in question were toe certifiedas accurate
by yourself as Agent.

25 July 1984.

1have the honour to acknowledge receiptof your letter dated 18July 1984,a
copy of which you have transmitted directly to the Agent of Nicaragua, stating
that in relation to the case concerningMilitary and Paramilitary Activitiesinund
against Nicaragua (Nicaragua v. United States of America) the United States of

America is considering submitting with its Counter-Memorial on jurisdiction
two letters sent to the late Judge Manley O. Hudson respectivelyby the former
Registrar and Deputy-Registrar of the Court, Mr. Lopez-Olivanand Mr. Garnier-
Coignet. Those letters, dated respectively 2 and 28 September 1955, you have
identified bytheir Court Registry numbers. Having learned of them, you ask me
to check the Registry's files for Judge Hudson's initial communication and to
apprise you of the outcorne.
As you must be aware, the texts of the letters in question cannot have been
made available by the Registry of the Court, since it is a policy to which we
adhere most strictly that correspondence with individuals- including of course
that between the Registry and current or former Members of the Court - is not
made public; also access to the files preserving itis restricted and, even within
the Court, subject to absolute confidentiality. The coming to light, through a
source other than the Registry, of certain letters addressed to individuals does
not constitute in itself a circumstance aHowingme to depart from the Registry's
consistent policy just described, a policy whose underlying principle is the
protection of both the Court and correspondents. Furthermore, the correspon-
dence in question does not in any way form part of the documentation or
correspondence which the Registry is bound to publish pursuant either to the

Statute of the Court or to the Rules of Court.
In the light of the above, and after having given your letter the most careful
consideration, 1have regretfully to inform you that 1am in no position to accede
to your request.
I am transmitting to the Agent of Nicaragua a copy ofthis reply. MILITARYAND PARAMlLITARYACTlVlTIES

1 August 1984.

In connection with the case concerning Military und ParumiIitary Actirities

in und against Nicarugua (Nicarugua v. United States cf America) 1 have the
honour, on instructions from the President, to inform you that the Agents of
both parties will be received by the President in his Chambers on 29 August
1984at 11a.m. in order to ascertain their views with regard to the subsequent
procedure and, in particular, the date for the opening of the oral proceedings
on the questions of the jurisdiction of the Court and the admissibility of the
Application.

3 August 1984.

1 have the honour to inform you that the Republic of Nicaragua proposes to
exercisethe power conferred by Article 31 of the Statute of the Court to choose
a judge ad laocin the case concerning Mili~aryurzdParamilitary Activities in and
against Nicaragua(Nicaragua v. United States oj'Arnerica).
The name of the Judge ad hoc proposed by the Republic of Nicaragua is
Professor Claude-Albert Colliard of French nationality. 1 enclose brief biogra-
phical detailsZ of Professor Colliard.

3 August 1984.

1 have the honour to refer to your letter of July 20, 1984in which you request
that 1 certifyasaccurate the translation of certain documents.
Therefore, 1 hereby certify,as Agent of the Republic of Nicaragua, that the
translations into French of the documents annexed to the Mernorial (Annex 1,
Exhibits B and C) are accurate.

3 August 1984.

1.havethe honour to acknowledge receipt of two letters of today's date which
Your Excellency has handed to me and of which one notifies your Govern-
ment's choiceof Professor Claude-Albert Colliard to sit as judge ad hoc in the
case concerning Milirary und PuranrilifaryActivities inand against Nicaragua

'A communication inthe same terms was sent to the Agentof the United States of
AmeNot reproduced. CORRESPONDENCE 387

(Nicaragiiu v. United States of Arnericu) and is accompanied by his succinct
biography, while the other constitutes a requested certification of the translation
of certain documents annexed to the Mernorial of Nicaragua on the questions
of jurisdiction and admissibility. 1 am transmitting copies of both these letters
to the Agent of the United States of America.
In regard to the first-mentioned, the agent of the United States has been
informed that any observations that his Government may wish to make should
be communicated by 20 August 1984,

3 August 1984.

1have the honour to transmit to you herewith copies of two letters of today's
date which have beenhanded to me by the Agent of Nicaragua in the case con-
cerning Military and Paramilitary Activities in undagainst Nicaragua (Nicurugztu
v. United Stutes cfAmericu).
With the first of these letters the Agent of Nicaragua enclosed a succinctbio-
graphy of the persan chosen by Nicaragua to sit as ajudge ad hoc in the case,
and 1likewisesend you herewith a copy of that enclosure.ln that connection 1am
to inform you that the Vice-President ofthe Court, in the exercise of hispowers
under Article 13, paragraph 3, of the Rules of Court, has fixed 20 August 1984
as the time-limit within whichyour Government may furnish such observations
as it may wishto make pursuant to Article 35,paragraph 3,ofthe Rules of Court.

15August 1984.

1 have the honour to acknowledge receipt of the document entitled "lnter-
vention Pursuant to Article 63 of the Statute of the International Court of
Justice. Case concerning Military and Paramilitary Activities in and Against
Nicaragua. Declaration of Intervention of the Republic of El Salvador" 'which
you filedwith me today.
1 wish also to acknowledge receipt of the document from the President of the
Republic of El Salvador whereby you are designated as Agent of El Salvador in
the case, together with the affidavit signedby the Acting Minister of Foreign
Affairs of the Republic of El Salvador. which you also deposited with me.

67. THE DEPUTY-RECISTRAR TO THE AGENT OF TFIEUNITED STATES OF AMERICA

15August 1984.

1have the honour to transmit herewith to Your Excellencya certifiecicopy of
a document dated 15 August 1984 and entitled "Intervention Pursuant to

'11,pp.451-459.
A communicationinthesame tenns was sentto the Agentof the RepublofNicaragua.Article 63 of the Statute of the International Court of Justice. Case concerning
Military and Paramilitary Activities in and Against Nicaragua. Declaration of
Intervention of the Republic of El Salvador."
The document is signed by Arnbassador Ivo P. Alvarenga who is appointed
Agent of the Republic of El Salvador before the International Court of Justice
by the President of the Republic of El Salvador.
1am also sending to you a certified copy of an afIidavit signed by the Acting

Minister of Foreign Affairs of the Republic of El Salvador, which was filed with
the above-mentioned declaration.
1 have in addition to inform you that, in exercise of his functions under
Article 13, paragraph 3, of the Rules of Court, the Vice-President of the Court
has fixed Friday 14 September 1984 as the the-limit for the filing by your
Government of written observations on the above-mentioned declaration filed
by the Government of El Salvador, as provided in Article 83, paragraph 1, of
the Rules of Court.

68. THE AGENT OF THE UNITED STATESOF AMERICATO THE RF.CISTRAR

17 August 1984.

In accordance with the Order of 14 May 1984 issued by the President of the
Court relating to the 9 April 1984Application of Nicaragua against the United
States of America, the United States is filing with you today the duly signed
original of the United States Counter-Memorial on the questionsof the jurisdic-
tion of the Court to entertain the dispute and of the admissibilityof Nicaragua's
Application, together with duly certified Annexes, in three parts. In addition,the
Counter-Memorial and its Annexes are accompanied by a certified copy for
communication to the Agent of Nicaragua. We are also subrnitting fifty copies
of the Caunter-Mernorial and Annexes to meet the immediate requirements of
the Court, as agreed with the Registry. As stated in our letter to you of 22 July
1984,the United States will subrnit 125printed copies of the Counter-Memorial
and Annexes as soon as possible1.
The United States is also depositing today copies of the whole documents
which have been referred to in the Counter-Memorial and Annexes. A list is

enclosed. Copies of these documents are being ~irovidedto the Agent of Nica-
ragua, as well.

17August 1984.

1 have the honour to transmit herewith, pursuant to Article 43, paragraph 4,
of the Statute of the Court and Article 52, paragraph 1. of the Rules of Court,
a certified copy of the Counter-Mernorial of the United States of America
(together with three volumes of annexes) on the questions of the jurisdiction of
the Court and of the admissibility of the Application in the case concerning

'II,pp. 1-447. CORRESPONDENCE 389

Military unciParamilitaryActivities in andagainsrNicaragira(Nicuraguuv. United
.Sralesof Amcrica), filed inthe Registry today, pursuant to paragraph 41 (D) of

theOrder made by the Court on 10 May 1984and to the Order made by the
President of the Court on 14May 1984.

20 August 1984.

1 have the honour to acknowledge receipt in the Registry of the Counter-
Mernorial of the United States of America filedwith the Registry on 17August
1984on the questions of the jurisdiction of the Court to entertain the dispute
and of the admissibitity of Nicaragua's application, togetherwith duly certified
Annexes,in three parts, in the caseconcerning Militury andPuramilituryActivities
in andagainst Nicarugua (Nicaragziuv. Unitedn'tata of Amcrica), as well as of
the copies thereof requiredunder Article 52, paragraph 1,of the Rules of Court.
1confirrn that this pleading was thus filedwithin the time-lirnitfixed therefor by

the Order made by the President of the Court on 14 May 1984 pursuant to
parügraph 41D of the Order made by the Court on 10May 1984.
The certifiedcopyof the Counter-Memoriaf and itsAnnexeswascommunicated
on 17August 1984to theAgent of Nicaragua, pursuant to Article43, paragraph 4,
of the Statute of the Court and the above-mentioned provision of the Rules of
Court. Note has been taken that the United States of America will submit one
hundred and twenty-five printed copies of the Counter-Memorial and Annexes
as soon as possible.
1have likewisethe honour to acknowledge receipt of one set of copies of the
whole documents which have been referred to in the Counter-Memorial and
Annexes. The Court and the Agent of Nicaragua are being informed that these

documents are available to be consulted in the Library ofthe Court.

71. THE COUNSELOR OF THE BMnASSYOF THE UNITED STATESOF AMERlCA TO THE
RHGISTRAR

7 September 1984.

Mr. Davis Robinson, Agent of the United States, has asked me to deliver the
enclosed letter. A signed original will follow shortly.

(Signed) John R. CROOK.

7 September 1984.

1 have the honor to refer to the meeting on 29 August 1984of the President
of the Court with the Agents of the United States and Nicaragua. and specifically
to the discussion at that meeting concerning the question of the necessity of
further written pleadings by the Parties on the question of the jurisdiction of the
Court and the admissibility of the Nicaraguan application of 9 April 1984.390 MILITARY ANI> PARAMILITARY ACTIVITIES

During the 29 August meeting, the Agent of Nicaragua stated that, from a
"professional point of view", he considered an additional round of written
pleadings on the issues of jurisdiction and admissibility to be "preferable". He
indicated that nevertheless Nicaragua was not requesting additional written
pleadings due to its perceived interest in the scheduling of an early oral hearing.
1 stated thatthe United Statesshared Nicaragua's desireto proceed expeditiously.
1 also indicated, however, that the United States considered an additional round

of written pleadings to be a necessaryprerequisite to a fair and orderly judicial
process in this phase of the case. 1set forth in detail the factors which had led
the United States to this conclusion. i respectfully suggested that the Court, in
accordance with Article 43 (2) of the Statute and Article 45 (2) of the Rules?
might in view of these considerritions determirie proprio motri that a further
round of written pleadings was necessary. 1also described how the neçessityfor
additional written pleadings could be accommodated with the Parties' mutual
desire for expedition.
The President of the Court, as 1 undertood him, observed that a majority of
the Members of the Court were already of the view that additional written pro-
ceedings werenot necessary on the Court's own motion. The President referred.
however, to the right of the Uni~edStates under Article 45 (2) of the Rules of
Court to request further written pleadings.
In the viewof the United States, notwithstanding the common interest of both

Parties in expedition, further written pleadingsareow necessary.Further investi-
gation and research since the oral proceedingin April have revealed a substan-
tial quantity of new evidence as presented by the United States in its Counter-
Memorialof 17August 1984.This newmaterial and the accompanyingelaboration
of legalargument are relevant to major issuesbefore the Court. The Nicaraguan
Memorial of 30 June 1984did not address or foresee this new factual and legal
argumentation. For example,the United Stateshas introduced important newevi-
dence demonstrating that responsibleNicaraguan officiaisin the 1950sspecifically
advised the United States that Nicaragua had not accepted the compulsory
jurisdiction of thisCourt. Should Nicaragua wishto contest this evidenceby docu-
ments availableto it, Article43 (2) of the Statute clearlyconteniplates that such
a contingencyshall normally occuras part of the written proceedings.
In the view of the United States, it is not accurate to state, as did the Agent
for Nicaragua in the 29 August 1984 meeting. that any hilure adequately to
develop evidence and arguments in the written proceedings disadvantages only

Nicaragua. Summary proceedings may damage the interest of either Party. Itis
a fundamental principle ofal1legal systems that evidence must be submitted in
support of factual assertions. As we understand Article 43 (2) of the Statute
and Article 56 of the Rules, f~trtherwritten pleadings would seem requiredif
Nicaragua intends to present any documentary rebuttal to the new evidenceand
argumentation presented by the United States in its Counter-Mernorial. If
Nicaragua does not do so in a reply, then certain United States evidence would
stand unrebutted. considerably reducing the complexity ofthe oral proceedings
and the required preparation for them.
Furthermore, the United States cannot fail to point out that in a letter dated
23 April 1984 in advance of the oral proceedings on Nicaragua's request for
provisional measures and in the April oral proceedings themselves,the United
States raised as a fundamental plea in bar Nicaragua's failure to accede to the
compulsory jurisdiction of the Court. When the United States noted that it did
not appear that Nicaragua had ever ratified the Protocol of Signature to the

Statute of the Permanent Court and that Nicaragua did not qualify uncier
ArticIe 36 of this Court's Statute, the Agent for Nicaragua assured the Court in COKKESPONDENCE 391

;iletter dated 24 April 1984 that that Protocol of Signature had been "ratified
in due course" by Nicaragua. At the oral proceedings on 27 April 1984, the
Agent for Nicaragua suggested that the instrument of Ratification may have
been sent to the League of Nations for deposit :

"It was the year 1939: the start of the Second World War. There are quite
obvious reasons why this ratification may not have reached Geneva at the
time ..." (1, p. 119.)
Given the summary nature of the April proceedings, the United States was

unable to present a fullcase on this fundamental and unprecedentedjurisdictional
issue. Importantly, the Court's Order of 10 May 1984 was on the basiç of a
record containing these Nicaraguan assurances as to significant facts. See, e.g.,
Order of 10May, paragraphs 14and 19.
In its Memorial of 30 June 1984, however, Nicaragua confirrned that it had
never even attempted to deposit the Instrument of Ratification to the Protocol
of Signature and hence had never ratified the Protocol of Signature under
International Law at al]. See, e.g., Nicaraguan Memorial of 30 June 1984,
paragraphs 6 and 13 and Annex 1,page 1. (As discussed in the United States
Counter-Memorial of 17August at paragraph 48 and the notes thereto, it appears
that Nicaragua never completed the ratification process even under its own
internai law, contrary to what the Nicaraguan Agent asserted during the April
oral proceedings. See 1, p. 118.)
The record which was before the Court as it formulated its order of 10 May
was thus materially inaccurate and incomplete. WhiIe this may be explained by

the purported urgency ofthe Nicaraguan request for indication of interim measures
and the provisional nature of the findingsmade in connection therewith, there is
no justification for any comparable situation arising at this phase of the case.
As 1indiçated at the 29 August meeting, a further round of written pleadings
need not in our view cause significant delay. Indeed, additional written pro-
ceedings could permit a more expeditious and well-structured oral hearing. The
United States recalls that the Court has in the past been concerned lest gaps in
the parties' written proceedings lead to an unnecessary and otherwise avoidable
protraction of the oral proceedings (e.g., see Fiheries, Order of 10January 1951,
I.C.J. Reports 1951, at p. 9). A further round of written pleadings on the ques-
tions of jurisdiction and admissibility could narrow the issues to be addressed at
oral argument and thereby permit the Court to render a decision on the basis of
a more coherent record. Omission of further written pleadings could result
in protraclion and interruption of the oral hearing. Such interruption could

clerive from fundamental considerations of fairness as embodied, for example,
in Article 56 (3) of the Rules of Court.
For the foregoing reasons, the United Statesrespectfully submits that a further
round of written pleadings on the questions of jurisdiction and admissibility is
necessary. To that end, the United States has the honor to request, pursuant to
Article 43(2) of the Statute and Article 45(2) of the Rules, that the Court direct
that thereshall be a Reply by the Applicant and a Rejoinder by the Respondent.

72. THE AMBASSADOR OF THE REPUBLIC OF ELSALVADORTO THERBGlSTRAR

10 September 1984.

[Srr II,pp. 461-462./ MILITARYANI) PARAMILITARYACTIVITIES

73. THE AGENTOF THE REPUBLICOFNICARAGUATOTHEREGlSTRAR

10 September 1984.

[Set?II, pp. 465-4661

74.THEREGISTRARTO THEAGENTOF THEREPUBLIC OF NICARAGUA '

10 September 1984.

1 have the honour to transmit herewith acopy of a letter of today's date
which 1 have just receivedfrom the Agent of El Salvador with reference to his
Government's declaration of interventionin the case concerning Mililury and
Puramilitary Activities in and against Nicaragua (Nicuruguu v. United Stutrs of
Americaj.

75. THE REGISTRAR TO THE AGENTOFTHEREPUBLICOFNlCARAGUA

11September 1984

1 refer to my letter of 10 September 1984,with which 1transmitted to you a
copy of a letter dated7 September 1984 from the Agent of the United States,
submitting to the Court certain views of his Government in regard to the
procedure to be followed in the case concerning Military and Puramilitary
Activities in und ugainst Nicaragua (~Vicaragrrv. I/pliledStates of Arnericuj1
now have the honour to transmit to Your Excellencyherewith a copy of a letter

which 1 have today, on the President's instructionst addressed to the United
States Agent in that respect.

11 September 1984.

1 have the honour to acknowledge receipt of'your letter dated 7 September
1984, and transmitted to the Registry via the United States Embassy in The
Hague on that day, whereby the United States requests, pursuant to Article 43,
paragraph 2, of the Statute and Article 45, paragraph 2,of the Rules of Court,

that the Court direct that there be a Reply by the Applicant and a Rejoinder
by the Respondent on thequestions of jurisdiction and admissibility in the case
concerning Mili~aryand PararnilituryArtirities iriand ugainst Nicuraguu (Nicuru-
gzInv. UnitedStr~te.sif Arnerjra.
That request. and the contentions in your letter in support thereof, have now
been considered by the Members of the Court,and 1amdirected by the President
to inform you that the Court has decided that such further pleadings are not

'A communicationin the same terms was sentto the Agent of the UnitedStatesof
America. CORRESPONDENCE 393

necessary,and that accordingly it should not exerçiseits power under Article 45,

paragraph 2, of the Rules of Court to authorize or direct that they be filed. A
date will therefore shortly be fixed for public hearings an the question of which
the Court is at present seised.
May 1also take this opportunity to correct a misunderstanding which appears
to have arisen at the meeting betweenthe President of the Court and the Agents
of the Parties held on 29 August 1984, In the course of the discussion, the
President expressed his own opinion of the view which might be taken by the
Members of the Court on the question of a further exchange of pleadings; he

did not state the existence of anysuch view as a fact, nor could he have done
so, inasmuch as the Court had not yet had occasion to consider the matter. Since
the third paragraph of your Ietter embodies a misapprehension on this point, 1
think it is well to make the position clear.

77. THE REGISTRAR TO THE AGENT OFELSALVADOR

12 September 1984.

I have the honour to acknowledge receipt of the letter dated IO September
1984 which Your Excellency handed to me on that date, concerning the dec-
laration of intervention of the Republic of El Salvador, and to confirm that
copies of that communication have been transmitted to the Members of the
Court and to the Parties in the case concerning Militory u~d Puromilitarj~

Actirifies in und ugl~instNicirmguu(Nicaragua v. United States of America).

14septembre 1984.

L'article3, paragraphe 2, du Règlementde la Cour internationale de Justice
prévoitque le Greffierde la Cour transmet copie de toute déclarationtendant à
intervenir dans une affaire tous les Etats admis 1 ester devant la Cour.
En conséquencej'ai l'honneur de vous transmettre ci-joint un exemplaire du
texte imprimébilingue, établipar le Greffe, d'une déclaration d'interventionen
l'affaire desctivités militair~s et parat~ilitaires ou Nicuragetucontre celui-ci
(Nicaragua c. Elafs-Unis d'Am8riyrre)déposéele 15aoiit 1984par la République
d'El Salvador sur la base de l'article 63 du Statut de la Cour.

79. THE AGENTOF THE UNITED STATESOF AMeRICA 70 THE REGlSTRAR

14September 1984.

1 have the honor to refer to the meeting that took place on 29 August between
the President of the Court and the Agents of the United States and Nicaragua,

'Une communication analogu e étéadresséeaux autresEtatsadmis à ester devant
laCour.394 MILITARY AND PARAMILITARYACTIVlTIES

and in particular to the discussion at that meeting concerning the scheduling of
further proceedings on the questions of jurisdiction and admissibility.1also have

the honor to refer to your letter of II September concerning theCourt's denial
of the United States request of 7 September for further written pleadings under
Article 43 (2) of the Statute and Article 45 (2) of the Rules of Court, in which
you advise that a date "will therefore shortly be fixed for public hearings or1tlie
question of which the Court is at present seised".
During the course of the 29 August meeting, called under Article 31 of the
Rules of Court, the President of the Court suggested 1October 1984as a possible
date for an oral hearing on the adrnissibility oEl Salvador's interventionunder
Article 63 of the Statute of the Court, with commencement of oral proceedings
between the United States and Nicaragua on the issues of jurisdiction and
admissibility to foilow thereafter on 4 October. The President of the Court
acknowledged that, in the event that the Salvadoran intervention as of right was
admitted, the suggested 4 October date would have to be reconsidered. At that

time the Agent of the United States noted his lack of instructions with regard to
the suggested schedule.
For the reasons set forth in the written observations of the United States on
tlie question of El Salvador's intervention as of' right under Article 63 of the
Statute of the Court, submitted this day to the Court, the United States is of the
view that the Salvadoran intervention is clearly admissible. Consequently, the
United States has offered no objection to that intervention. For like reasons, it
is the United States view that, so long as it is consistent with the views of El
Salvador and Nicaragua, 1 October would be an appropriate date for an oral
hearing on the adrnissibilityof the Salvadoran intervention.
In light of the apparent admissibility of the Salvadoran intervention as of
right, however, the United States cannot see how oral proceedings on the

questions of thejurisdiction of the Court and the adrnissibilityof the Nicaraguan
Application could be fixed to begin on 4 Octoher. Article 86 of the Rutes of
Court provides that a State whose intervention as of right under Article 63 of
the Statute is admitted "shall be Furnishedwith copies of the pleadings" of the
Parties to the case, and shall be entitled to subrnit written observations on
the subject matter of its intervention "within a tirne-limitto be fix.d..". In his
letter of 10September, the Agent of El Salvador requested a reasonable period
of time in which to reviewthe pleadings in order to determine how thcy bear on
El Salvador's construction of the various conventions the meaning of whose
provisions are at issue at this phase of the case.
The United States respectfullysubmits that consideration of the scheduling of
further proceedings on the questions of the jurisdiction of the Court and the
admissibility ofthe Nicaraguan Application shauld be deferred until after such

time as a determination has been reached by the Court on the admissibility of
the Salvadoran intervention as of right. The Agent of the United States stands
ready to meet with the President ofthe Court and the Agents of Nicaragua and
El Salvador at any appropriate time to discuss further the question of the
schedule of proceedings in this case.

80. THE AGENT OF THE UNITED STATES OF AhIERlCA TO THE REGlSTRAR

14September 1984,

[Set?II,pp. 467-471.1 CORRESPONDENCE

81. THE DEPUTY-REGISTRARTO THEAGENTOFTHEREPUBLlCOF NICARAGUA

15September 1984.

1 have the honour to refer to Your Excellency'sletter of 3 August 1984,noti-
fying the Court of the intention of the Government of Nicaragua to choose
M. Claude-Albert Colliard as judge ad hoc to sit in the case concerning Military
und Puramilitury Activities in andagainst Nicuragua (Nicaragua v. UnitedStates
ofAmericu), and to inform you that no observation on this nomination has
been received from the Agent of the United States of America. 1have further to

inforrn you,pursuant to Article 35, paragraph 3, of the Rules of Court, that no
objection to the appointment appears to the Court itself.
M. Colliard is therefore being informed accordingly and supplied with copies
of the existing documents in the case. Subsequent case documentation willbe
furnished to him puripuss~lwith the Members of the Court.
The Agent of the United States is atso being informed.'

82. THE REGISTRAR TO THEAGENT OF THEUNITED STATESOF AMERICA '

15September 1984.

Further to the Registrar'sletter of II September 1984concerning the proce-
dure in the case concerning Militory and Paramilitary Activities in and uguinst
Nicurcig~n(lNicaruguu v. UnitedSrates ofAmericuj, 1have the honour to inform
you that the President of theCourt, in the exerciseofis powers under Article 54
of the Rules of Court, has fixed Monday 8 October 1984, at 3p.m., for the

opening of the oral proceedings on the questions ofurisdiction and admissibility
in this case. Any decision that the Court might take in connection with the
Declaration of Intervention made by El Salvador pursuant to Article 63 of the
Statute will be communicated to the Agents of the Parties and to the Agent of
El Salvador prior to Monday 8 October 1984.

83. THE DBPUTY-REGISTRAR TO THE AGENTOF EL SALVADOR

15September 1984

1 have the honour to inform Your Excellency that in the case concerning
Militory und ParamilitaryActivitim inandagainstNicaragua{Nicciruguav. United
States of Anlericul, any decision that the Court might take in conneçtion with
the Declaration of Intervention made by Your Excellency'sGovernment pursuant
to Article 63 of the Statute will be communicated to Your Excellency and to
the Agents of the Parties prior to Monday S October 1984, the date fixed by the
President of the Court, in the exercise of his powers under Article 54 of the

Rules of Court, for the opening of the oral proceedings on the questions of
jurisdiction and admissibility in that case.

'A communication in the same terms was sent tothe Agent of the United States
of America.
2A communication inthe sametermswas senttothe Agentof thRepublicof Nicaragua. MJLITARY AND PARAMILITARYACTlVlTlES

84. THE DEPUTY-REGiSTRARTO THEAGENTOF ELSALVADOR

15Sepiember 1984.

Following the expiration of the time-limit fixed on14 September 1984for the

observations of the Parties on the Declaration of Intervention subrnitted by Your
Excellency'sGovernment on 15August 1984in the case concerning Militury und
Puramilitary Activitiesinand aptinstNicuragua (Nicaruguu v. United Srales cif
Americuj, 1have the honour to transmit to Your Excellencyherewith copies of
letters from the AgentsofNicaragua and the United States of America containing
the observations of their respective Governments on the Declaration of Inter-
vention ofYour Excellency'sGovernment '.

Rome, 17September 1984.

[See II,pp. 472-473.1

86. THEDEPUTY-REGISTRAR70 THEAGENTOFTHEREPUBLIC OFNICARAGUA

21 September 1984.

1 have the honour to transmit to you herewith a copy of a letter dated
17 September 1984and received late today from the Agent of El Salvador in
relation to the written observations subrnitted by Nicaragua on his Government's
declaration of intervention in the case concerning Militury und Paramilitnry
Activities in und ugainst Nicaragua (~Vicaruguav. UniteSdtntes of Amrrica).
Copies of that letter have been transmitted to the Members of the Court and
to the Agent of the United States of America.

(Telex)

24 September 1984,

1have the honor to refer to the declaration of intervention of my Government
currently under advisement by the Court. You have informed El Salvador that
any decision the Court might take in connection with the declaration of inter-
vention will be communicated to the Agents of the Parties and to the Agent of
El Salvador prior to Monday, 8 October 1984. You also have informed El
Salvador that the President of the Court has fixed Monday, 8 October for the

' SeeNos. 73 and 80, supra. CORRESPONDENCE 397

opening of the oral proceedings on the questions of jurisdiction and admissibility
in this case.

1. That date is only two weeks away. No matter when El Salvador's inter-
vention is recorded by the Court - but particularly if that occurs on the eve of
the proceedings - it would be difficultin the extreme for El Salvador adequately
to prepare. First, El Salvador will needtime to analyse the pleadingsand annexed
documents when intervention is recorded. Second, my country desires a reason-
able tirne within which to submit written observations on the subject matter of
the intervention. Finally, El Salvador will need more time than will be possible
under the Court's schedule to prepare adequatefy to present oral statements for
the 8 October proceedings.
2. 1therefore respectfullyrequest a postponement of the opening of oral pro-

ceedings on the jurisdiction and admissibility questions for a reasonable time
after El Salvador's receipt of the pleadings.

88. THE AGENTOF THE UNITED STATESOFAMERICATO THEREGISTRAR

28 September 1984.

1havethe honor to refer to your letter of 15September çoncerning theopening
of the oral proceedings on the questions of jurisdiction and admissibility in the
case of Nicuraguu V.United Siutes of Atnericu.
Article 53 (2) of the Rules ofCourt provides:

"The Court may, after ascertaining the views of the parties, decide that
copies of the pleadings and documents annexed shall be made accessibleto
the public on or after the opening of the oral proceedings."

In this connection, it is the view of the United States that it would be appro-
priate and consistent with Article 53 (2) for the Court to decide that copies of
the pleadings and documents thus far submitted in the present case be made
accessible to the public as of the opening of the oral proceedings currently
scheduled to begin on October 8, 1984.The United States respectfully requests
that the Court so decide.

89. THE COUNSELORFORLEGALAFFAIRSOF THEEMBASSYOF THE UNITED STATES OF
AMERICATO THEREGISTRAR

2 October 1984.

1 have been authorized and instructed by Mr. Davis Robinson, Agent of the
United States of America, to transmit to you the enclosed letter from Mr.
Robinson. The duplicate original signed by Mr. Robinson wilibe transmitted as
soon as itis received. MILITARY AND PARAMILlTARY ACTIVITiES

2 October 1984.

I have the honor to refer to the case between Nicaragua and the United States
now pending before the Court.
Please be advised that the United States has designated as a Deputy Agent in
the case Mr. Patrick M. Norton. Assistant Legal Adviser at the United States
Department of State.

90, THE REGISTRAR TO THE AGENT OF THE UNITEDSTATESOFAMERICA '

5 October 1984.

1have the honour to refer to your letter of 28 September 1984 by which the
Government of the United States of America requestcd the Court to decide that
copies of the pleadings and documents so fi~rsubmitted in the case concerning
Militury aizdParamililary Activitie.~inandagainsriVic(~rugu(i imraguu v. United

States of'Americu) be made accessible to the public as of the opening of the oral
proceedings on 8 October 1984.
Taking into account your Government's request and in conformity with its
practice, the Court has decided,pursuant to Article 53, paragraph 2, of the Rules
of Court, to make the pleadings and annexed documents in the case accessible
to the public with effect from8 October 1984.

5 October 1984.

1have the honour, with reference to the neclaration of Intervention of the
Government of the Republic of El Salvador in the case coiicerning Milirary and
Paruinilitury Aciivifies in and agoinst Nicaraguu (Nicaragua v. United Stutes of
America) to confirm that the Court on 4 October 1984made an Order in this

connection and to enclose an ofticial copy thereof, which does not include the
individual opinions filed by some Members. A certified true copy of the Order,
togther with those opinions. willbe transmitted to Your Excellencysubsequently.

5 October 1984.

1 have the honour to acknowledge receipt of a set of copies of documents
delivered by Your Excellency to the Registry today. i await the submission of
the certified copies thereof, as provided for in Article56, paragraph 1, of the
Kules of Court, in order to consider them as having been duly filedin the Registry.

A communication inthe sametennswas sent to the Agent of the RepublNicaragua.
=A communication in the süme terms was sentto the Agent of the United States of
Arneriçaand to the Agentof the RepublicofNicaragua. CORRESPONDENCE 399

As mentioned at the meeting held this afternoon between the President and
the Agents of the Parties,1 am transmitting a copy of the set to the Agent of
the United States of Arnerica in the case concerning Military and Parun~ilitary
Activities in and againsi Nicarugua (Nicarugztuv. UnitedStatecf America).

93. THEREGISTRARTO THE ACiENTOFTHEUNITED STATS OF AMERlCA

5 October 1984.

As mentioned at the meeting held this afternoon between the President and
the Agents of the Parties in the case concerning klilitury and Purumilitury
Activities in und uguinst Nicaragua (Nicaragua v. United States ofAmerica), 1
have the honour to enclose herewith a set of copies of documents supplied by

the Agent of Nicaragua and delivered this evening.
1am calling to the attention of the Agent of Nicaragua the requirement of
certified copies of the documents concerned as provided for in Article 56ofthe
Rules of Court.

94. THE AGENT OF THE UNITED STATESOF AMERICATO THE REGISTRAR

6 October 1984.

1am pleased to provide the Court with the enclosed list of Counsel and others
who are assistingthe United States in connection withthequestionsofjurisdiction
and admissibility in the case of Nicclruguuv. United Sfutes of America. During
the oral proceedings on these questions, argument will be presented on behatf of

the United States bythe Agent and someor al1of the Deputy Agents and Counsel.

95. THE AGENT OF TIIEREPUBLIC OF NiCARAGUA TO THE REGISTRAR

8 October 1984.

I have the honour to transmit herewith a certification of the set of documents
submitted to the Registry on 5October 1984,pursuant to Article 56, paragraph 1,
of the Rules of Court. An additional document, "Exhibit F", is also included,
as a matter of convenience for the Court. As it is part of a readily availabfe
public document, it need not be submitted to the other party for consent or to

the Court for approval under Article 56.
Twenty additional copies of Nicaragua's Exhibits are also hereby subrnitted. MILITARY AND PARAMILITARY ACTIVITIES

96. THE AGENT OF THE UNITED STATESOF AMERlCATO THE REGISTRAR
8 October 1984.

1have the honor to refer to your letter receivedduring the eveningof 5October
1984, enclosing a list and copies of exhibits (new documents) that Nicaragua
proposes to submit during the oral proceedings on jurisdiction and admissibility
commencing on 8 October 1984.
Despite the brief time allowedat this juncture to reviewthese new documents,
the United States will not object to their submission under Article 56 of the
Rules of Court, whileat the same time reserving its position asto their relevance,
probity and the accuracy of any translation provided. As noted in your letter of
5 October, we await the receipt of certified copies,presurnably in advance of any

use of these new documents by Nicaragua in the oral proceedings. Further, the
United States is unable to identifycertain of these document(e.g.to whom was
the legal opinion of Suzanne Bastid dated 3 August 1956addressed and where
was it located) and in other cases only excerptsftom documents are provided
(e.g., the legal opinion of Charles Rousseau dated 21 June 1956). The United
States assumes that the Court willassure proper identification of al1these new
documents in advance of their submission as well as the deposit of the whole
documents as required under Article 50 of the Rules of Court.
The United States lack of objection to the submission of the new documents

is of course subject to the reservation of its rightsunder Article 5(3) of the
Rules of Court to comment upon these new documents, and to submit docu-
ments in support of its comments, either during or after the oral proceedings on
jurisdiction and admissibility. Furthermore, the United States will determine
following theconclusion of the firstround of Nicaragua's oral argument whether
the United States will seek to submit any other new documents under the terms
of Article56 of the Rules.

97. LE GREFFIERAU MINISTREDES AFFAIRESÉTRANGW DEESPAYS-BAS

8 octobre 1984.

Me référantau paragraphe V des principes générauxde l'accord du 26 juin
1946entre le Gouvernement des Pays-Bas et la Cour internationale de Justice,
j'ai I'honneur de porterà votre connaissance que, à l'audiencequi se tiendra le
8 octobre 1984en l'affaire des.4ctivitésmili!airreEparramilifuirt.vu Nicarop
et contre cehi-ci (Nicuraguu c. Etats-Unis d'.4rnérique),le Nicaragua sera
représentécomme suit :

fK)ir III,p. 3]

8 October 1984.

1 have the honour to draw your attention to the following provisions of
Article 71 of the Rules of Court:

'A communication in the same terms was sent to the Agent of the United States of
America. CORRESPONDENCE 40 1

"1. A verbatim record shall be made by the Registrar of every hearing,
in the official language of the Court which has been used ...
4. Copies of the transcript shall be circulated to the judges sitting in the
case, and to the parties, The latter rnay, under the supervision of the Court,
correct the transcripts of speeches and statements made on their behalf, but

in no case may such corrections affect thsense and bearing thereof..."
The transcript of the oral proceedings opening on Monday, S October 1984,
witl be circulated to the Parties follows: the transcript of a hearing held from
1Oa.m. to 1p.m. will be available in the evening of the same day, and that of
a hearing held from 3 to 6 p.m. will beavailable during the morning of the fol-
lowing day.

In order to facilitate any supervision which the Court may feel it proper to
exercise,1 shallbe obliged if you witl hand your corrections to my secretary as
soon as possible after the circulation of each transcript, and in any event not
later than 6 p.m. on the day following such circulation.

99. THE REGISTRAR10 THE AGENTOFTHE REPUBLIC OF NICARAGUA '

9 October 1984.

Further to my Ietter of 5 October 1984,I have the honour to transmit to you
herewith the official sealed copy of the Order made by the Court on 4 October

1984 concerning the Declaration of Intervention of the Government of the
Republic of El Salvador in the case concerning Military and ParumilitaryActi-
vities in and against Nicaragua (Nicaraguav.UnitedStates of Arnerica).

100. THE REGISTRARTO THE AGENTOFELSALVADOR

9 October 1984.

With reference to the case concerning Military and Pararnilitary Activilies in
and against Nicuraguu (Nicaragua v. Uniled States ofAmerica) and further to
my letter of 28 September 1984, 1 have the honour to inform Your Excellency
that the Court has now decided to make the pleadings and annexed documents

available and accessibte to the public in accordance with Article 53 of the Rules.
A set of the pleadings and annexes concerned is accordingly being sent to
you forthwith in order to satisfy the request presented by Your Excellency's
Government on 10 September 1984.

101. THEAGENTOFTHE UNITEDSTATESOF AMERICA TO THE REGISTRAR

13October 1984.

1 have the honor to refer to my letter of 8 October 1984regarding, inter alia,

'A communicationin the same tems was sent to the Agent of El Salvador todthe
Agent of the UniteStatesofAmerica.402 MILITARYAND PARAMILITARYACTIVITIES

the submission of new documents by the United States under the terrns of
Article 56 of theRules of Court. The United States hereby submits certified1
copies of such documents, as notified on the list attached to this letter.
In addition the United States will also be referring to other documents that

are partof a readily available publication within the meaning of paragraph 4 of
Article 56 of the Rules. For the convenience of the Court, however, we are
submitting herewith copies ofcertain ofch documents.

LISTOF DOCUMENT SSBMITTE RY THE UNITED STATEP SURSUAN TO
ARTICLE 56OF THE RULE SFCOURT

1. September7, 1984Draft "Contadora Act for Peaceand Cooperation in Central

America (Revised)". UnofftcialEnglishTranslation of Spanish Original.
2. Joint Communiqué of the Ministerial Meeting of San José, Costa Rica,
September 29, 1984,as contained incable Sari José7633.
3. "Exposicion del Seiïor Ministro de Relaciones Exteriores al Honorable
Congreso Nacional pidiendo la aprobacion de la Carta de las Naciones
Unidas, el Estatuto de la Corte Internacional de Justicia y los Acuerdos
Provisionales Concertados por los Gobiernos Participantes en la Conferencia
de las Naciones Unidas sobre Organizacion Internacional (Managua, D.N.,
2 de Julio de 1945)", in Republica de Nicaragua, MernoriaPresenladu ut
Honorable Congreso Nucional Por eESecretario de Esrado en el Drspacho de
Rrlaciones E-icteriur1945.
("Statement of the Minister of Foreign Relations to the National Congress

requesting theapprovai of the United Nations Charter,the Statute of the
International Court of Justice, and the provisional agreements concluded
by the governmments participating in the LJnited Nations Conference on
International Organization" (Managua, July 2, 1945) in Republic of Nica-
ragua, MernririalPresentcd tn the ATotionalCongrhythe Secrelary of Statr
in the Ofice cfForeign Relations, 1945. (English translatiopp.f139-142
provided.)
4. Letterfrom ManleyO. Hudson to EstebanMendoza,dated 14November 1955.
5. Letter from Manley O. Hudson to Esteban Mendoza of 16 December 1955
with attached Aide-Mémoire.
6. Letter from Manley O. Hudson to Esteban Mendoza of 20 Deçember 1955
(without attachment).
7. Letter from Manley O. Hudson to Esteban hlendoza of 16January 1956.

8. Letter from Esteban Mendoza to Manley O. Hudson of 10 February 1956
(Spanish with Englishtranslation of 11 February 1956).
9. Letter from Manley O. Hudson to Esteban Mendoza of 17February 1956.
10.Letter from Esteban Mendoza to Manley O. Hudson of 2 May 1956(Spanish
and English).
Il.Letter from Maniey O. Hudson to Esteban Mendoza of 7 May 1956.
12. Letter from Esteban Mendoza to Manley O. Hudson of 26 May 1956
(Spanish and English).
13.Letter from Manley O. Hudson to Esteban Mendoza of 31 May 1956.

lCertificatinotreproduced. CORRESPONDENCE 403

14.Letter from Manley O. Hudson to Esteban Mendoza of 26 June 1956.
15. Letter from Manley O. Hudson to Esteban Mendoza of 23 August 1956.
16. Letter from Jorge Fidel Duron to Manley O. Hudson of 30 April 1957.
17. Letter from Ramon E. Cruz to Manley O. Hudson of 25 June 1957.

1s. Telegram from United States Embassy Tegucigalpa to Secretary of State of
19 March 1957.
19. Letter from Whiting Willauer, United States Ambassador to Honduras. to
R. R. Rubottom. Acting Assistant Secretary of State for Inter-American
Affairs, of 19March 1957.
20. Memorandum for the Department of State, office of the Legal Adviser,
IODecember 1946,trünsmitting Memorandum entitled "Reference to Inter-
national Court of Justice of Disputes Under Trusteeship Agreement for
Japanese Mandated Islands", 6 December 1946.(Note: The only available
copy of this memorandum is of poor quality and difficultto read, especially
at page 4, which contains the material relevant to this case. Therefore, for
the convenience of the Court, the United States has included a retypedver-
sion of that page.)
21. "President's Power to Give Notice of Termination of US-ROC Mutual

Defense Treaty", Memorandum for the Secretary of State from the Legal
Adviser, Department of State, 15 Deçember 1978,as reproduced in Treaty
Termination, Heurings hefc~rethe Corrimittee on Foreign R~lution.~,United
States Senate, Ninety-Sixth Congress, First Session.April 9. 10and 11,1979.
22. Statement of Abram Chayes. Harvard University, Cambridge, Massa-
chussetis.Treaty Termination,Hearingsheforc ihr Crrmmineeon fireign Relu-
tions, United States Senatc,Ninety-SixthCongress?First Session, April9, 10
and 11, 1979,pp. 306-312.
23. Questions to and Answers by Abram Chayes, Treaty Termination, Heurings
brfiire dir Cornmittee on Foreign Rekuliorrs,United States Senate, Ninety-
Sixth Congress, First Session,April9, 10and 11, 1979,pp. 327-333.
24. Statement of Herbert J. Hansell, Legal Adviser, Department of State, Treaty
Termination,Heuringsbe/nrethe Comrnit~eeon fi~rrignRehtions, United States
Senate,Ninety-SixthCongress, FirstSession,April9,10 and 11,1979,pp. 50-61.
25. Statement of Lawrence A. Hammond, Deputy Assistant Attorney General,

Department ofJustice, Treaty Termination, Firuringshefi~rethe Cornmittee
on Foreign Relcitions, United States Senate, Ninety-Sixth Congress. First
Session, April 9. 10and 11:1979,pp. 192-196.
26. Questions to and Answers from the Legal Adviser and the Department of
State. Treaty Termination, N~~uringhsrfire the Cornrriitteeon ForeignReka-
tiotzs, United States Senate, Ninety-Sixth Congress. First Session, April 9,
10and 11, 1979,pp. 197-208.

102. THE REGISTRAR TO THE AGENTOF THE REPUnLIC OF NICARAGUA

15October 1984.

1have the honour to transmit to Your Excellencyherewith acopy ofa letter
from the Agent of the United States of Americü,in the case concerning Milirrrry
und Paramilitary Activitie.~in urtduguiristNirurc~gua(Nicarcrgv. United Sfutes
of Americu), dated 13 October 1984 and filed in the Registry on 14 October
1984,together with a set of copies of the documents referred to therein. MILITARY AND PARAMILITARY ACTlVlTIES

15October 1984.

1 have the honour to transmit herewith, for the convenience of the Court,
twenty copies of the relevant portions of the treatylists referred in the speech
of Professor Brownlie of 9 October 1984and in Exhibit E of the Exhibits of
Nicaragua.

104. THE REGISTKAK TO THE AGENT OF THE REPUBLIC OF NlCARAGUA

15October 1984.

1have the honour to transmit herewith to Your Excellencya copy of a list of
documents provided by the Agent of the United States of America in the case
concerning Military and PurumilitaryAcrivities inundagainst Nicaragua (Nicurri-
guo v, United Slates of Americu).
The documents can be consulted in the Library of the Court.

13October 1984.

- Department of External Affairs (Canada), Confcrenre Series. 1945, No. 2,
Report on the United Nations Conference on International Organization.
Held at San Francisco, 25th April-26th June 1945.

- A Commentary on the Charter of the United Nations. Signedat SanFrancisco
on the 26th June, 1945. Presented by the Secretary of State for Foreign
Aflairs to Parliament (United Kingdom).
- United Nations Conference on International Organization, Report on the
Conference Held at San Francisco - 25 April-26 June 1945by the Rt. Hon.
Peter Fraser, Chairman of the New Zealand Delegation.
- Relatorio da Delegacao do Brasil, a Conferencia das Nacoes Unidas para a
Organizacao Internacional - 1946.
- "Exposicion del Sefior Ministro de Relacinnes Exteriores al Honorable
Congreso Nacional pidiendo la aprobacion de la Carta de las Naçiones
Unidas, el Estaruto de la Corte Internacional de Justicia y los Acuerdos

Provisionales Concertados por los Gobiernos Participantes en la Conferencia
de las Naciones Unidas sobre Organizacion Internacional (Managua, D.N..
2 de Julio de 1945)", in Republica de Nicaragua, Mernoricl Pre.~tintudual
Honorable Congreso Nacionalpar el Serretario de Estudo en el Despacho de
Relaciones Esteriores, 1945.
"Statement of the Minister of Foreign Relations to the National Congress
Requesting the Approval of the United Nations Charter, the Statute of the

International Court of Justice, and the Provisional Agreements Concluded CORRESPONDENCE 405

by the Governments Participating in the United Nations Conference on Inter-

national Organization (Managua, Juiy 2, 1945)", in Republic of Nicara-
gua, Memoriul Presented tthe Nutionul Congress by t/ie Secretury ofStute
in the Ofice on Eorei~nRelatio1945.
- Draft Treaty on Central Arnerica 1sSeU.N. SecurityCouncil, Waslrington
Pnst, 5 October 1984.
- Costa Rica: Gutierrez Says Contadora Document Needs Changes, Punuma
City ACAN, as Transcribed in Foreign Broadcast Information Service,
4 October 1984.

105.THE AGENTOF THEREPUBLIC OF NICARAGUATO THE REGISTRAR

17October 1984.

FINAL SUBMISSIO ONTHE GOVERNME OF TICARAGU PAESENTE TDTHE COURT
INACCORDAN WCETHARTICL6E 0, PARAGRA2 P,OF THE RULE SFCOURT

In accordance with Article 60, paragr2,of the Rules of Court, I have the
honour to communicate the following final submissions presented on behalf of
the Government of Nicaragua:
"Maintaining the arguments and submissions contained in the Memorial

presented on 30 June 1984 and also the arguments advanced in the oral
hearings on behalf of Nicaragua:
The Government of Nicaragua requests the Court to declare that jurisdic-
tion exists in respect of the Application of Nicaragua filed on 9 April 1984,

and that thesubject-matter of the Application is admissible in its entirety."

106. THE REGISTRARTOTHE AGENTOFTHE UNITICUSTATESOFAMERICA

18 October 1984

1 have the honour to transmit to you herewith a copy of the written text of
the Final Submission of Nicaragua in the case concerningi~aryund Puru-

military Activitics and against Nicaragua (Nicaraguav. United States of
Americu) as communicated by the Agent of Nicaragua on 17October 1984,at
theend of the last statement made at the hearing on Nicaragua's behalf.

107. THE AGENTOF THEUNITED STATESOF AMERICATOTHEREGISTRAR

18October 1984.

Pursuant to Article 60 (2) of the Rules of Court, the United States has

attached hereto its finalsubmissions on the issuesofjurisdiction and admissibility
inthe case of Nicaragua v. Unitrd States ofAmerica. MlLITARYANI) PARAMILITARYACTIVITIES

May it please the Court, on behalf of the United States of America, to adjudge
and declüre, for each and al1of the reasons presented in the oral argument of the
United States and inthe Couter-Mernorial of the United Statesof 17August 1984.
that the claims set forth in Nicaragua's Application of 9 April 1984(1) are not
within the jurisdiction of the Court a(2) are inadmissible.

108. THE KEGISTRAR TO THE AGENTOFTHEREPUBLIC OF NICARAGUA

18October 1984.

1 have the honour to transmit to Your Excellency herewith a copy of the
written text of the Final Submission of the United States of America in the case

concerning Militury und Purumilitur~A~ctivities incinduguij~t icuruguli(Nictrrli-
guu v. Ut~itedStates of America) ;iscommunicated by the Agent of the United
States of America on 18October 1984,at the end of the last staternent made at
the hearing on behalf of the United States of Arnzrica.

19 November 1984

1have the honour to inform Your Excellencythat the Court will sit at 10a.m.
an Mondav 26 November 1984in the Great Ha11of Justice at the Peace Palace.
The Hague, for the purpose of deliveringitsjudgment on questions ofjurisdiction
and admissibilitv in the case concernine. Militurÿ und PurrzmilillirvActivities in
and ugrrinstNicuruguu (Miraragun v. UniteclStole.~of America).

110. LE GREFFIER AU MINISTRE DESAFFAIRES ETRANGE L>'EFGHANISTAN~

19novembre 1984.

Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous ce pli, un exemplaire de l'ordonnance rendue par la Cour le4 octobre 1984
sur ta déclaration d'interventionde la Républiqued'El Salvadoren l'affairedes
Activitésnlilitairrelpuroniilituires au Nicuruguuet contre celui-ci (Nicuruguc.
Etals-Unisd'AnrPriqur).
D'autres exemplaires seront expédiésultérieurementpar la voie ordinaire.

'A communicationinthe sametems wassent to the Agent of the Repubof Nicaragua.
Une communiçation analogue a étéadresséeaux autres Etats admisà ester devant
la Cour.
C.I.J. Recue1984,p.215. CORRESPONDENCE

111. THE REGISTRARTO THE SECRETARY-CENERAL OF THE UNITEII NATIONS

26 November 1984.

1 have the honour to send you herewith for your information a copy of the

edition produced by offset of the Judgment delivered today by the Court on the
questions of jurisdiction and admissibility in the case concerning Military and
PurrirnilitriryActivities in anagainst Nicaraguu (Nicaragua v. Unitcd States of
An~erica).A printed copy will be sent to you as soon as possible, pursuant to
Article 95, paragraph 3' of the Rules of Court.
You will recall that witha Ietter of 10May 1984 1 sent you a copy, for trans-
mission ta the Security Council, of the Order made by the Court on that date
indicating provisional rneasures in this case. May 1draw your attention in this
connection to paragraph 112of the Judgment of today's date.

112. THE REGISTRARTO THE AGENT OF THE UNITED STATESOF AMERICA '

30 November 1984.

Under the authorization of the President of the Court. I have the honour,
with reference to the Judgment delivered by the Court on 26 November 1984on
the questions of jurisdiction and admissibility in the case concerning Military
and Pararnilitar~>Activities in and against Nicaragua, to inform you of the in-
clusion in the French text of that decision of a sentence whose equivalent had
been edited out of the authoritative English text. The sentence in question is

marked as deleted in the enclosed page, which 1have initialled for the purpose
of its insertion in the officialcopy of the Judgment handed to you, where Iwould
be most grateful if you would ensure that it replaces the corresponding original
page. A similar correction is to be effected inthe official copy of the Judgment
placed in the archives of the Court and in copies of the mimeographed edition.
1have further to inform you that, in consequence of the above deletion, Judge
Ago has kindly agreed to that of the final sentence of paragraph 21 of his
separate opinion, which consisted of a quotation of the text affected.An initialled
copy of the page concerned is also enclosed herewith. In this connection,1take
the opportunity of further enclosing, pending the availabilityofthe printed text,
a mimeographed translation of Judge Ago's opinion so as to complete for you
the English text of the Judgment and opinions.

The printed edition will of course take account of al1corrigenda and will be
supplied to you immediately upon becoming available.

113. LEGREFFIERAU MINISTREDES AFFAIRESÉTRANGÈRES D'AFGHANISTAN

10décembre1984.

Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,

sous ce pli, un exemplaire de l'arrêtrendu par la Cour le 26 novembre 19843sur

'A communicationinthesamctermswas sentto theAgent of the Republicof Niciiragua.
communication analoguea étéadressée aux autres Etats admisà ester devant
la'C.LJ. Recueil1984,p. 392.408 MILITARYANI) PARAMILITARYACTIVIT~ES

les questions de la compétencede la Cour et de la recevabilitéde la requêteen

l'affaire des Aclivitis nliliraires et paramiliuuirNicaragua et contre celui-ci
(Nicaragua c.Etais- Unisd'Amérique).
Il convient de noter que, pour que l'arrêtsoit rapidement disponible, les
opinions des juges jointes à celui-ci n'ont étéreproduites que dans la langue
originale (anglais ou français).
D'autres exemplaires imprimés où figurera la traduction des opinions seront
expédiés par la voie ordinaire dès leursortie de presse.

114. THECOUNSELORFORLEGALAFFAIRS OF THE EMBASSYOFTHEUNITED STATESOF
AMERlCA TOTHEREGlSTKAR

18January 1985.

1have been authorized and insiriicted by Mr. Davis R. Robinson, Agent of

the United States of America, to sign and transmit to you the enclosed letter
from Mr. Robinson.

18January 1985.

1have the honor to refer tothecase of Nicaragua v. UnirrdStates oJAmerica,

and in particular to the judgment rendered by the Court on 26 November 1984
on the questions of the jurisdiction of the Court to entertain the dispute and of
the admissibility ofNicaragua's application.
The United States has given the deepest and most careful consideration to
the aforementioned judgment, to the findings reached by the Court, and to
the reasons given by the Court in support of tltose findings. On the basis of
that examination, the United States isconstrained to conclude that the judg-
ment of the Court was clearly and manifestiy erroneous as to both fact and
law. The United States remains firmly of the view, for the reasons given in its

written and oral pleadings that the Court is without jurisdiction to entertain
the dispute, and that the Nicaraguan application of 9 April 1984 is inadmis-
sible. Accordingly, it is my duty to inform you that the United States intends
not to participate in any further proceedings in connection with this case. and
reserves itsrights in respect any decision by the Court regarding Nicaragua's
claims.

11s. THEREGISTRAK TO THE AGENTOFTHEREPUBLIC
OFNICARAGUA

18January 1985.

1 have the honour to transmit herewith a copy of a letter received today in
the Registry, from the Agent of the United States of America in the case con-
cerning Itfiiiiary and ParunziiituActivitieinmzclugl~iir.st icc(ra~ua(Nicuru-
gtra v. UnirrdStutes of Amrricu). CORRESPONDENCE

116. THE REGISTRARTO THE AGENT OF THB UNITEDSTATES
OFAMERICA '

22 January 1985.

1 have the honour to transmit to you herewith the officialsealed copy of an
Order2 made today by the President of the Court fixing further time-limits in

the case concerning Military and ParurnilituryAcfivities inand against Nicuruguu
{Nicaragiruv. United States of America).

117. LEGREFFIERAU MINISTREDESAFFAIRES ETRANGERES
D'AFCWANISTAN

8 février1985.

Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous ce pli, un exemplairedu texte impriméde l'ordonnance du 22janvier 1985

par laquelle le Présidentde la Cour a fixédes délaispour la procédureécritesur
le fond en l'affaire desAcfivitks militaires et purumilitaires au Nicaragcontre
celui-ci (Nicaragua c. Etats-Unis d'drnériytde).
D'autres exemplaires seront expédiés ultérieurementpar la voie ordinaire.

118. THEREGISTRARTa THESECRETAKY-GENERAL
OFTHE UNITEDNATIONS

13 February 1985.

1 have the honour to send you herewith a printed copy of the Order made by
the President of the Court on 22 January 1985fixing time-limits for pleadings
on the merits in the case çoncerning Militury and P~~rurniliturA~vtivities in and
rrgainsrNicurriguu(Nicarugua v. United Stutcs of Americu).

119. THEAGENT OF THE KEPUBLICOF NICARAGUA
10 THE REGISTRAR

3 April 1985.

1have the honor to refer to the application of Nicaragua of 9 April 1984 in

'A communicationinthesameterms wassentto the Agentof the Republic ofNicaragua.
'I.C.J.Reports198.5p. 3.
Une communication analogue aétéadresséeaux autres Etatsadmis à esterdevant
la Cour.
C.I.J.Recueil 1985p.3.410 MILITARY AND PARAMILITARYACTIVITIES

the case concerning Militurjund P~rrumilitaryAcfiviticin ond ugainsi Nicaragua,
and the Court's Order of 10 May 1984 granting Nicaragua's request for the
indication of provisional measures.
In its Order of 10 May 1984, paragraph 41 (c). the Court determined that
"until the Court delivers its final judgment in the present case, it will keep
the matters covered by this Order continuously under review". Accordingly,
Nicaragua has the honor to bring to the Court's attention certain matters in
connection with this case that have recently corne to light.
On 7 March, two reports were issued in Washington, D.C.. concerning
the activities of theU.S.-sponsored merceniiry forces operating in Nicaragua.
Both reports concluded that these forces have engaged and are engaging in
extensive abuses of the Nicaraguan civilian population, including: attacks

on unarmed civilians including men, women, children and the elderly; pre-
meditated acts of brutality such as rape, beatings. mutilation and torture;
individual and mass kidnapping of civilians; rissaults on economic and
social targets such as farms, cooperatives, food storage facilities and health
centers, including a particular effort to disrupt the cofee harvest through
attacks on cofee cooperatives and ambushes of vehiclescarrying volunteer coKee
harvesters; and intimidation and kidnapping of civilians who cooperate in
government or community programs, and of religious leaders who support the
government.
Both of these reports are hereby submitted to the Court for its review.The first
report is entitled "Attacks by the Nicaraguan 'contras'on the Civilian Population
of Nicaragua, report of a fat-finding mission September 1984-January 1985". It
was prepared by a former Assistant Attorney General of the State of New York,
Mr. Reed Brody,at the suggestionof Mr. Paul Reichler,one of the advocates for
Nicaragua in this case.Mr. Brody spent five moiiths in Nicaragua interviewing
victirnsand eyewitnessesof the mercenaryattacks. He obtained 145swornaffidavits
from these eyewitnesses,and his report is drawn directly from their accounts. His
objective wasto collect "reliable evidence ofa kind that would be legallysufficient

in a court of law". Hereceivedno compensation fromany source and paid for his
own travel and other expenses.
The second report was issued jointly by the Washington, D.C.-based
organizations, the International Human Rights Law Group ("Law Group")
and the Washington Office on Latin America ("Wola"), to whnm Mr. Brody
presented his findings. In order to verify the acçuracy of Mr. Brody's report,
the law group and Wola jointly sponsored a separate mission to Nicaragua by
two prominent attorneys of their own choosing, Professor Michael Glennon of
the University of Cincinnati Law School and Mr. Donald Fox. a member of
the executive committee of the American Association for the International
Commission of Jurists. In their investigation, Messrs. Fox and Glennon
interviewed some of Mr. Brody's affiants as well as others. Their report,
like Mr. Brody's report, concludes that the evidence shows that the U.S.-
supported "mercenaries" are committing serious abuses against Nicaraguan
civilians- abuses they term "acts of illegal terroristic violence". They con-
clude that "any provision of aid to the contras, directly or indirectly, by the
government of the United States would render our government responsible for
their acts".
In Nicaragua's Mernorial on the merits, to be filed 30April 1985,Nicaragua

will discuss the acts committed by the US.-sponsored mercenaries and the
responsibility ofthe United States for them. The meantime, Nicaragua wishes to
file these reports with the Court in order that it may be immediately informed
of their contents. 120. THE KEGISTRARTO THE AGENT OF THE UNITED STATESOF AMERICA

4 April 1985.

1 have the honour to transmit to you herewith a copy of a communication
dated 3 April 1985.and received in the Registry thesame day, from the Agent
of Nicaragua in the case concerning Military and Parumili~uryActivifivs in und
againsrNicarqriu (Nicuruguu v. United Siutes of America) ,together with copies
of the enclosures to that communication.

121. THE KEGISTRARTO THE DEPUTY-AGENT OFTHE UNITED STATESOF AMERICA

1 May 1985.

1have the honour to transmit herewith, pursuant to Article 43, paragraph 4,
of the Statute of the Court and Article 52, paragraph 1,of the Rules of Court,
a certifiedcopyof theMemorial of Nicaragua on the meritsofthe caseconcerning
Milirury und PuruinilitaryActiviiies in andaguinsi Nicuruguu,filed inthe Registry

within the time-limit fixed by the President of the Court in an Order dated
22 January 1985,and also of the twelve separate annexes lettered A through L
as listed in the Mernorial after the table of contents.

122. THE REGlSTRAR TO THE AGENT OFTHE REPUBLIC OF NICARAGUA

1May 1985.

1have the honour to acknowledge receipt in the Registryon 29 April 1985of
two signed copies of the Memorial of Nicaragua on the merits of the case çon-
cerning Militnry und Purutnilitury Acrivilieinund uguinsi Nicurugua. together
with annexed documents, and also of additional copies as required by the
Registry under Article 52, paragraph 1, of the Kules of Court.
Pursuant to Article 43, paragraph 4, of the Statute of the Court, 1am com-
rnunicating one of the signed copiesto the Agent of the United States of America,
together with a set of the annexes.

10June 1985.

1 note that no Counter-Memorial on the merits has been filed by the
Government of the United States of America in the case concerning Militury
and Paramilitury Activities in and uguinst Nicaraguu (NicuruguV. UnitedStates

ofAtnericnj within the time-limit fixedtherefor by the Order of 22 January 1985,
and that no request for any extension of that time-limit has been received. 1

A cornniunicalion ithesame tcrmswassenttothe Agentofthe Repubticof Nicaragua.412 MILITARYANI) PARAMILITARY ACTIVITIES

enclose for your information a copy of a letter which I have today addressed to
the Agent of Nicaragua in that respect.

124. THE FIKSTSECRETARYTO THE AGENTOF THE REPUBLIC OF NICARAGUA l

20 June 1985.

Further to the Registrar's letter of 10June 1985,1have the honour to inform
Your Excellency that the President of the Court, in the exercise of his powers

under Article 54 of the Rules of Court, has fixed Thursday 12 September 1985,
at IOa.m., for the opening of the oral proceedings on the merits in the case con-
cerning Militury und PurumilitciryActivities in and against ~Vicarugua(Nicaru-
gua v. UnitedStates rfArnerica) .

125. THE EMBASSYOF THEISLAMlCREPUnLlC OF IKAN TO THE REGISTRYOF THE
INTERNATlONALCOURTOF JUSTICE

9 July 1985.

The Embassy of the Islamic Republic of Iran has the honour to bring to the
attention of the Registry of the International Court of Justice the following.
Regarding the case Nicuruguuv. UnitedStates of America (Military and Para-
military Activities in and against Nicaragua) the Embassy would appreciate
being informed by the Registry the reasons, that were put forward and accepted
by the Court, for the time-limits that were fixed for the written proceedings

(30 April 1985 for the Memorial for the Republic of Nicaragua and 31 May
1985 for the Counter-Memorial of the United States of America) to be post-
poned again.
The information willbe forwarded to the LegalAffairsand Treaties Department
of the Ministry of Foreign Affairs of the Islamic Kepublicof Iran.

126. THE REGISTRYTO THEIlXlBASSYOF THEISLAMlCREPUBLICOFIRAN

11July 1985.

The Registry of the International Court of Justice presents its compliments
to the Embassy of the lslamic Republic of Iran in the Netherlands and, with
reference to the Embassy's Note No. 1486of 9 July 1985, has the honour to
point out that, contrary to the Embassy's impression, the time-limits fixed by
the President of the Court in an Order of 22 January 1985 for the filing of
pleadings on the merits in the caseconcerning Military and ParamilitaryActivities
in and aguinst Nicaragua (Nicaragua v. United States of Americu) were not

extended. Nicaragua filed a Memnrial within the time-limit prescribed, whereas
the United States filed no Counter-Memorial. Following expiry of the time-limit

'A communicationin the sameterms was sentto the Agent of theUnitedStates of
America. CORRESPONDENCE 413

fixed for the latter pleading, the Court, having regard to its calendar overall,

decided that the hearing on the merits would stürt on 12September 1985.

127. THE REGISTRARTO THEDEPUTY-AGENT OFTHEUNITED STATESOF AMERICA

5 September 1985.

Further to theletter addressed to you on 20 June 1985from one of the First
Secretaries of the Court,1have the honour to inform you that the President of
the Court, in the exerciseof his powers under Article 31 of the Rules of Court,
has agreed to receive on 10 September 1985, at a time to be fixed and com-
rnunicated subsequently,the Agent and Counselof Niçüragwd inthecase concern-
ing MiEituryund PararriilitaryActivilies in and aguinst Nicaragua (Nicurugz~u
v. UnitedStatesof America) for the purpose of ascertainingtheir viewswith regard
to questions of procedure in connection with the oral proceedings on the

merits scheduled to start on Thursday, 12September 1985.

128. THEAGENT OF THEREPUBLICOF NICARAGUA TO THE REGISTRAR

1OSeptember 1985.

1have the honor to refer to the Application of Nicaragua of 9 April 1984in
the case concerning MiNtury unclParamilitaryActiviliesinandagainsrNicarugua.
In accordance with Article 5ofthe Rules of Court, Nicaragua hereby submits
the attached list identifyingthe witnesses itintends to cal1in the oral proceedings
commencing 12 September 1985,and describing in general tems the points to
which their evidence will be directed.

1. Commander Luis Carribn

Commander LuisCarribn is First ViceMinister of the Interior of the Republic
of Nicaragua. Previously he servedas Vice Minister of Defense. Hisaddress is
Ministerio del Interior, Managua, Nicaragua. He is a citizen of Nicaragua.
As First Vice Minister of the Interior, Commander Carrion is responsible for
State security.In addition, he has been commissioned by the President of the
Republicto overseeal1governmental operations, includingal1military operations,
in the principal war zone. In both capacities, he is responsible for monitoring
military and paramilitary activities of the United States against the citizens of
Nicaragua. Commander Carrion is expected to testify about the military and
paramilitary activities, in and against Nicaragua and the involvement of the
United States in these activities.

2. Dr. Duvid C. MacMichael
Dr. David C. MacMichael is a citizen of the United States. His address is

11442Orchard Lane, Reston, Virginia. Dr.MacMichaelisan expertin intelligence414 MlLlTARY AND PAIMMILITARYACTIVITIES

methods and analysis with particular reference to counter-insurgency and the
supply of arms to guerrillas in the field. From March 1981to April 1983,he was
employed by the United StatesCentral IntelligenceAgency in the Analytic Group
of the National Intelligence Council. Dr. MacMichael is expected to testify con-
cerning :the intelligencesources and methods available to and used by the United
StatesGovernment for surveillance of Nicaragua for the collection ofinformation
concerning alleged arms shipments from Nicaragua to the insurgents in El
Salvador; the intelligence collected from those sources and by these methods;

and his conclusions, based on the intelligence obtained by the United States
Government, as to the existenceof any such shipnients by or with the complicity
of the Government of Nicaragua. Dr. MacMichael will not disclose any infor-
mation that is classifiedby the United StatesGovernment, or that he isprohibited
by United States law or by the terms of his employment contract from disclosing
to the public.

Professor Michael J. Glennon is a citizen of the United States. His address is
3455 Cornell Place. Cincinnati, Ohio. Professor Glennon is a Professor of Law
at the University of Cincinnati College of Law, and formerly Legal Counsel to
the Foreign Relations Comrnittee of the United States Senate (1977-1980).
Professor Glennon was co-author of a Report to the International Human Rights
Law Group and the Washington Office of Latin America, entitled "Abuses
Against Civilians by Counterrevolutionaries Operating in Nicaragua", April

1985.He is expected to testify concerning the nature and scope of the factfinding
mission in whichhe participated in Nicaragua in February 1985,and the findings
contained in the report concerning attacks aimed at the civilian population of
Nicaragua and the responsibility of the United States for such attacks.

Father Jean Loison is a Roman Catholic priest. He is a citizen of France. His
address is Hospital de La Trinidad, Departament de Esteli, Nicaragua. Flither
Loison works as a nurse at tlie Hospital de La Trinidad, which js located in the
principal war zone in Nicaragua. He ministers to persons wounded in attacks in
and against Nicaragua by military and pararnilitary forces operating under the
direction and control of the United States Government. He is expected to testify
concerning attacks by those forces in the region where he lives and works.

5. William Hicper

William Huper is Minister of Finance of the Republic of Nicaragua. His
address is Ministerio de Finanzas, Managua, Nicaragua. He is a citizen of
Nicaragua. Prior to his service inthe Government of Nicaragua. Mr. Eiuper was
Professor of Economics at the National Autonomous University of Mexico in
Mexico City, Mexico, and Professor of History at the National Autonomous
University of Nicaragua in Léon, Nicaragua. He was appointed Vice Minister
of Finance in August 1979and Minister of Finance in January 1985.Mr. Huper
isexpected to testify concerning certain of the eiïects of the United Statcs military
and paramilitary attacks in and against Nicaragua on Nicaragua's economy. CORRESPONDENCE 415

6. Edgar CI~~rrnorro

Nicaragua will also present, in the form of a written affidavit, the testimony
of Edgar Chamorro, a citizen of Nicaragua whose address is 640Allendale Road,
Key Biscayne?Florida, in the United States. Mr. Chamorro served from 1982to
November 1984 as a member of the "political directorate" of the Nicaraguan
Democratic Force ("FDN"), the largest force conducting military and paramili-
tary activities against Nicaragua under the direction and control of the United
States Government. His testimony will describe the nature and estent of United

States direction and control ofhese activities. Mr. Chamorro is unable to appear
in person because, as explained in his affidavit, he has been advised by his
attorneys that travel outside the United States at the present time could preju-
dice his pending application for permanent resident status in the United States
and result in his exclusion from the United States.

129. THE AGENT OFTHE REPUBLIC OF NICARAGUATO THE REGISTRAR

10September 1985.

1have the honor to refer to the Application of Nicaragua of 9 April 1984in
the caseconcerning Mililurjjand Paraniilitary Activities in and againstNicuragua.
Nicaragua hereby submits to the Court copies of'Supplemental Annexes A
through G ' to its Memorial of 30 April 1985on the Merits, to which reference
will be made at the oral proçeedings commencing 12September 1985.

130. THE REGISTRARTO THE AGENT OF THE REPUBLIC OF NlCARACUA

10September 1985.

1 have the honour to draw your attention to the following provisions of

Article71 of the Rules of Court:
"1. A verbatim record shiill be made by the Registrar of every hearing,
in the officiallanguage of the Court which has been used...
4, Copies of the transcript shall be circulated to the judges sitting in the
case, and to the parties. The lattery, under the supervision of the Court,
correct the transcripts of speeches and statements made on their behalf, but

inno case may such corrections affect the sense and beiiring thereof ..."
The transcript of the oral proceedings opening on Thursday, 12 September
1985will becirculated to the Parties as follows: the transcript of a hearing held
from 10a.m. to 1 p.m. will be availablin the evening of the sarne day, and that
of a hearing held from 3 to 6 p.m. will be available during the moroing of the
following day.

In order to facilitate any supervision which the Court may feel it proper to
exercise.1 shall be obliged if you will hand your corrections to my secretaras
soon as possible after the circulation of each transcript, and in any event not
later than 6 p.m. on the day folfowing such circulation.

'IV, pp.370354.416 MILITARYAND PARAM~LITARYACTIVITIES

131, THE REGlSTRAR TO THEDEPUIY-AGENl OFTHEUNITED STATESOF AMERICA '

II September 1985.

1 have the honour, in connection with the case concerning Milizury and
Paramiliiary Activities in and against Nicaragua(Nir*aruguu v. United Stutes of
Arnarica), and with reference to Article 53, paragraph 2, of the Rules of Court,
to inform you that, as in previous similar instances, the Court is to take a
deciçion on making accessibleto the public, on or after the opening of the oral

proceedings, copies of the pleadings and documents annexed. 1 wilknot fail to
transmit to the Court any views that your Governrnent may express on the
subject, prior to the opening of such proceedings.

Il September 1985.

1have the honour, with reference to the oral proceedings on the merits in the
case concerning Milirary und Purarnilitary Activities in and against Nicaragua
(Nicaragua v. United States of Arnerica), to send you herewith a copy of a letter,
with annex, dated IOSeptember 1985in which the Agent of Nicaragua provides
a list of the witnesses he intends to cal1and describes in generalterms the points

to which their evidence will bedirected.

11 September 1985.

1have the honour, with reference to the oral proceedings on the merits in the
case concerning Military and Paramilizary Activities in and against Nicuruguu
(Nicaragua v. Unized States of Ainerica), to send you a copy of a letter dated
10 September 1985 from the Agent of Nicaragua and also of the documents
supplied by him therewith.

Il September 1985.

1 have the honour to acknowledge receipt of Your Excellency's letter of
10 September 1985 on the subject of the witnesses whom you intend to cal1
during the oral proceedings on the merits in the case concerning Military and
Parurnilitary Acrivities in and against Nicaragua,as also of the descriptive list
attüched thereto.
1also acknowledge the receipt of your letter of 10 September 1985ençlosing

'A communicationinthe sameterms wassent to the Agent of Republicof Nicaragua. CORRESPONDENCE 417

a list of documents to which it is intended that reference should be made in
the course of the hearing, together with twenty-five copies of the documents
themselves, presentedas "Supplemental Annexes A-G".

1 am however to inform you that the Court, having regard to Article 56 of
the Rules of Court, authorizes the production of those documents solely within
the context of the oral proceedings.
Copies of al1 the above-mentioned letters, lists and documents have been
transmitted tothe other Party.

135. THE REGISTRARTO THE DEPUTY-AGENTOF THE UNITED STATESOF AMERICA

1I September 1985.

Further to my letter of today's date transmitting to you copies of seven
documents submitted by the Agent of Nicaragua in the case concerning Military
and PararnilitoryActivities in and oguinst Nicaragua, 1have the honour to inform
you that the Court, having regard to Article 56 of its Rules, has decided to
authorize the production of those documents solely in the context of the oral
proceedings on the merits.

11septembre 1985.

Me référant à l'alinéa final es principes générauxde l'accord du 24juin 1946
entre le Gouvernement des Pays-Bas et la Cour internationale de Justice, j'ai
l'honneur de porter à votre connaissance que, en l'affairedes Activitésmilitaires
et paramilitaires ou Nicaragua et contre celui-ci (Nicaragua c. Etats-Unis

d'Amérique), leNicaragua désirefaire entendre lestémoinsdont lesnoms suivent,
lors des audiences qui commenceront le 12septembre 1985:

[Voir ci-dessuspp. 413-415.j

Je ne manquerai pas de vous faire part de toute modification éventuelle.

137. LEGREFFIERAU MINISTREDESAFFAIRESÉTRANGÈRES DES PAYS-BAS

12septembre 1985.

Me référantau paragraphe V des'principes générauxde l'accord du 26 juin

1946entre le Gouvernement des Pays-Bas et la Cour internationale de Justice,
j'ai l'honneur de porter a votre connaissance que, à l'audience quise tiendra ce
jour en l'affaire relativeauxActivitésmilitairesetparamiiifaires uuNicaragua et
contre celui-ci (Nicaraguuc.Etats-Unis d'Amérique),la Républiquedu Nicaragua
sera représentée comme suit :

(Voir ci-dessusp.3./ MlLITARYAND PARAMILITARYACTIVITIES

138.THE REGISTRAR TOTHE AGENT OF THE REPUBLIC OFNICARAGUA

12 September 1985.

1have the honour to acknowledge the receipt ioday of a list, signed by Your
Excellency, of the persons representing Nicaragua during the oralproceedings

on the merits in the case concerningMilitary and ParamilitaryAcrivities in and
against Nicaragua, and also of a certified original of the afidavit of Mr. Edgar
Chamorro, dated 5 September 1985, of which yoii had provided copies on
10 Septernber.

12September 1985.

Further to my letter of II September 1985 transmitting copies of documents
submitted by Nicaragua in the caseconcerningMilitary and ParamilitaryActivities
in and aguinst Nicaragua, 1 have the honour to inform you that the Agent of
Nicaragua has deposited in the Registry a certified original of the affidavit of
Mr. Edgar Charnorro, dated 5 September 1985,presented as "AnnexG" in the
listofthe documents concerned.

140. THE REGlSTRARTO THEDEPIJTY-AGENTOF THE UNITED STATESOF AMERICA

12 September 1985.

1have the honour to transmit to you herewith three copies of the provisional
verbatim record of the publichearingheld today in the case concerning Military
und Parumilitary Activities in and ugainst Nicaragua (Nicaragua v. United States

of Americu).
You willsimilarlybe sent three copies of al1Furtherverbatim records in thecase.

141. THE REGlSTRAR TO THE UEPIJTY-AGENTOF TIIF.UNITED STATESOF AMERlCA

13September 1985.

1 have the honour to send you herewith a copy of the list provided by the
Agent of Nicaragua of the persons representing his Government at the oral

proçeedings on the meritsin the case concerning Milituryund ParamilitcirActi-
vities in and againsi Nicaragua.

16 September 1985.

1 have the honor to refer to the Application of Nicaragua of 9 April 1984 in

the case concerningMiliraryand ParamilitaryActivities inundagainst Nic.uruguu. CORRESPONDENCE 419

Nicaragua wishes to submit to the Court the document enclosed herewith as
Supplemental Annex H to its Memorial of 30 April. It is a copy of a note
delivered by the United StatesDepartment ofState to the Embassy of Nicaragua
in Washington on May 1, 1985, giving notice of the United States' intention
to terminate the Treaty of Friendship, Commerce and Navigation between the
United States and Nicaragua one year from the effective date of the note.
Thirty copies of this document are provided herewith for the Court's con-
venience.

16September 1985.

In connection with the hearing of witnesses in the case concerning Militury
und Purumilitury Activities inuncfuguinst Nicuruguu (Nicurugua v. Unitcd States
of Amerira), 1have the honour to inform you as follows.

One copy of the transcript of each witness's evidence, prepared iiaccordance
with the provisions of Article 71, paragraph 5, of the Rules of Court, is being
made available to the witness as soon as possible after the evidence has been
given. The witness is being asked to insert in the transcript corrections of any
mistakes that may have occurred and return the signed corrccted copy to me
within 24 hours, in order to facilitate any s~ipervisionthat the Court may think
it proper to exercise in respect of any correctionsmade.

144. THE REGISTKARTO THE AGENT OF THE REPUULIC OFNICARAGUA

16 September 1985

1 have the honour to acknowledge receipt of Your Excellency's letter of
16 September 1985 enclosing a document presented as Supplemental Annex H
to the Memorial on the merits in the case concerning Militury unii Puri~rniliturq~
Aciiviiies in und against Nirurugz~US also, previously, of a copy of a newspaper

item presented as additional to Annex D. Copies of your letter, and of both the
above documents, have been provided to the other Party.
1have, further, to take this opportunity of drawing renewed attention to the
Court's decision, recorded in my letter 74610 of II September 1985,whereby the
production of documents is now authorized solely within the context of the oral
proceedings.

145. THE REGlSTRARTOTHE DEPUTY-AGENT OP THE UNITED STATESOFAMERICA

16September 1985.

With reference ta my letters 74608, 74614, 74618and 74619, of 11 and

'A communication in the same terms w3s sent to the Agent oftheUnitcd Statesof
Arnerica.420 MILITARY AND PARAMILITARYACT~VITIES

12 September 1985,1 have the honour to enclose a further document, together

with a coveringletter of today's date, which 1have received from the Agent of
Nicaragua in the case concerning Military and Paramilitary Aciiviries inand
against Nicaragua.

17 September 1985.

Article 71, paragraph 5, of theles of Court provides:

"Witnesses and experts shall be shown that part of the transcript which
relates to the evidence given. or the statements made by them, and may
correct it in like manner as the parties."

You have been fuinished with o copy of the transcript of the evidence given
by you yesterday as itppears in the verbatim record of the hearing held on that
day. 1 shall be obliged if, after inserting in the transcript of your evidence
corrections of any mistakes that may have occurred, you would be good enough
to signit and return it to me within 24hours,in order to facilitate any supervision
that the Court may think it proper to exercise in respect of any corrections made.

147. THE AGENTOFTHEREPUBLICOF NICARGUA TOTHE KECiISTRAR

20 September 1985.

FINAL SUBMISSION OSTHE GOVERNME ONTNICARAGU PARESENT EOITHE
COURT INACCORDANC WEITH ARTICL6 E0, PARAGRAP 2,HOF THERULES OF
COURT

In accordance with Article 60, paragraph 2, of the Rules of Court, 1have the
honour to communicate the following finalsubniissions presented on behalf of
the Government of Nicaragua :

"Maintaining the arguments and submissions contained in the Memorial
presented on30 April 1985and also the arguments advanced in the oral hearings
on behalf of Nicaragua:
The Republic of Nicaragua respectfully requests the Court to grant the follow-

ing relief:
First: the Court is requested to adjudge and declare that the United States
has violated the obligations of international law indicated in its Memorial of
30 April 1985,and that in particular respects the United States is in continuing

violation ofthose obligations.
Second :the Court is requested to state in clear terms the obligation which the
United States bears to bring toan ende aforesaid breaches ofinternational law.
Third :the Court is requested to adjudge and deçlare that, in consequence of
the violations of international law indicated in its Memorial, compensation
due to Nicaragua, both on its own behalf and in respect of wrongs infiicted upon
its nationals; andhe Court is requested further tu receive evidence and to deter- CORRESPONDENCG 421

mine, in a subsequent phaseof the present proceedings,the quantum of damages
to be assessedas the compensation due to the Republic of Nicaragua.

Fourth : without prejudice to the foregoing request, the Court is requested
to award to the Republiç of Nicaragua the surn of 370,200,000United States
dollars, which sum constitutes the minimum valuation of the direct damages,
with the exception of damages for killing nationals of Nicaragua, resulting from
the violations of international law indicated in the substancef its Mernorial.
With reference to the fourth request, the Republic of Nicaragua reserves the
right to present evidence and argument, with the purpose of elaborating the
minimum (and in that sense provisional) valuation of direct damages and,
further, with the purpose of claiming compensation for the killing of nationals
of Nicaragua and consequential loss in accordance with the principles of

international law in respect of the violations of international law generally, in a
subsequent phase of the present proceedings in case the Court accedes to the
third request of the Republic of Nicaragua."

148, THE DEPUTY-REGISTRARTO THEDEPUTY-AGENT OF THEUNITEDSTATESOF
AMERICA

24Septernber 1985

Pursuant to Article 60, paragraph 2, of the Rules of Court, 1have the honour
to transmit to you herewith a copy of the final stibmissions of the Republic of
Nicaragua in the case concerning Militury and Parumili~uryActivities in and
opinst Nicaragua (Nicaruguuv. UnitedStates of Amrrica), received inthe Regis-
try ofthe Court on 23September 1985.

1October 1985.

I refer to the Registrar's letter of 12 September1985, concerning the trans-

mission to you of three copies of the provisional verbatim records of the public
hearings in the case concerning Military and PururnilitaryActivities inundugainst
Nicaragua (Nicarrrguav. United Stutes of America). 1now have the honour to
transmit to you copies of records numbered CR 85/19, 20, 21, 22, 23, and 25 l,
incorporatingcorrections made by the witnessescalledby Nicaragua to the record
of their evidence,and corrections by Judge Schwebelto the transcript of questions
put by him.

150. THELEGALCOUNSBLOF THE UNITED NATIONSTO THE REGISTRAR

7October 1985.

Receivedon 7 October 1985Termination by the USA of the ICJ Statute. Text
reads as follows:

'Supru. pp. 7-102 "October 7, 1985

Dear Mr. Secretary Generül:

1have the honor on behalf of the Government of the United States of America
tu refer to the declaration of my Government of 26 August 1946,as modified by
my note of 6 April 1984, concerning the acceptance by the United States of
America of the compulsory jurisdiction of the International Court of Justice, and
to state that the aforesüid declarationereby terminated, with effect six months
from the date hereof.

(Signrd) George P. SHULTZ."

151. THE REGISTRARTO THE AGENT OF THE ItEPUBLICOFNICARAGUA

14October 1985.

1 have the honour to transmit to Your Excellency herewith the text of
questions put by Judge Schwebel to the Government of Nicaragua in the context
of the case concerning Milituryand Purumilitury Activities in unciguinst Nica-
ruguu (Nicumgua v. Uuited States of' Arneric.)

QUESTION OFSJUDGE SCHWEBE FLR NICARAGUA
14October 1985

The Declaration of Intervention of the Republic of El Salvador fiied in the

Kegistry of the Court on 15August 1984States, inparagraph VI :
"The facts concerning the deaths, which occurred in April 1983 in
Managua, of the two Salvadorian subversive leaders, Melida Anaya Montes
and Cayetano Carpio, confirined once again the presence of the subversive

leadership of the FMLN in Nicaragua, and demonstrated their close ties
with the Sandinista leadership." (II, p. 452.)
In viewof these allegations, the following questions are asked theAgent of
Nicaragua :

1. Does Nicaragua acknowledge that Melida Anaya Montes and Cayetano
Carpio died in Nicaragua'? If so, under what circumstances?
2. If Nicaragua acknowledges the deaths of Melida Anaya Montes and Caye-
tano Carpio in Nicaragua, when and under what circumstances did each of them
corne to Nicaragua, how long did eüch of them stay in Nicaragua, did each of
them establish residence in Nicaragua, and what were their occupations in CORRESPONDENCE 423

Nicaragua? Were Melida Anaya Montes and Cayetano Carpio connected with
the insurgency in ElSalvador? Did they occupy or work at orout of a building
or headquarters in Nicaragua for Salvadorian insurgents?
3. If Nicaragua acknowfedges that Melida Anaya Montes and Cayetano Car-

~iowere mesent in Nicaragua. can that acknowled~ment be reconciled with the
apparent of the $caraguan Government (see supra, pp.236-237, 123)
that Nicaragua has not ~ermitted the establishment on Nicaraeua- territorv of
leadership 0-fthe ~alvadorian insurgency ?

14Octobw 1985.

1 have the honour to inform Your Excellency that, for the purpose of its
further examination of the case concerning Military and PururnilituryActivities
in anfi cwinst Nicurugua (Nicarcrgaiu v. United Stutes of Americaj, the Court
requests the Government of Nicaragua to make available to it the following infor-
mation and documents :

1. In paragraphs 29, 34 and 78 of the Memorial of Nicaragua on the merits
of the case, reference is made to three "presidential findings" made by theresi-
dent of the United States, the first dated 9 March 1981, the second 1 Decem-
ber 1981, and no date being given for the third, Save that it was presented to
Cornmittees of the United States Seiiate and House of Representatives on
20 September 1983.Can the Nicaraguan Government supply the Court with an
officia1text of those "findings". or failing an officialtext, the most authoritative
evidence thereof available?

2. According to a paper entitled "The Mining of Nicaraguan Ports" issued by
the Central American Historical Institute, produced by Nicaragua as Attach-
ment 1in Annex J to the Memorial, the[Nicaraguan] Ministryof Defenceissueda
communique on that subject on 29 March 1984. The Nicaraguan Government
is requested to supply the Court with an officia1text of that communiqué,
together with a translation into one of the officiallanguages of the Court.

1 avail myself of this opportunity to recall to Your Excellency'sattention the
hct that certain information to be supplied bywitnessescalled by theGovernment
of Nicaragua (see supra, pp. 27 and 34) has not yet been received, and that
certain questions put by Members of the Court (see supru, pp. 123, 140-145and
189) have not yet been fully answered.

153. THE REGISTRAR TO THE AGENTOF THE REPUBLICOF NICARAGUA

14October 1985.

1 have the hunour tu inforni Your Excellency that, for the purpose of its
further examination of the case concerning Militury unciPararnilitary Activititis
in und against Nicuruguu (Nicurugua v. United States of Arnericu), the Court
requests the Government of Nicaragua to make availabke ta it the following
information and documents :424 MlLlTARY AND PARAMILITARY ACTIVITIES

1. It is understood that on 12 July 1979 the Provisional Government of
National Reconstruction of Nicaragua addressed a letter to the Secretary General
of the Organization of American States, transmitting a "Plan to achieve peace".
The Nicaraguan Government is requested to supply the Court with a copy of
that letter and of its various annexes, wi(ifappropriate) a translation into one
of the official languages othe Court.
2. It is understood that conversations were held in Managua at the end of
1980between the Nicaraguan Head of State and the Minister for Foreign AfLiirs
and the United States Deputy Assistant Secretary of State for Central Ameri-
can Afïairs, on the subject of the aid given, according to the United States
Government, to the opponents of the Government of El Salvador. The Nica-
raguan Government is requested to supply the Court with copies of any contem-
porary memoranda or records of those conversations.

3. It is understood that on 20 October 1983 the Government of Nicaragua
submitted certain draft documents to the United States Government, relating to
problems concerning the relations between the two countries, and possibly with
other countriesof the region. The Nicaraguan Government isrequested to supply
the Court with copies of such draft documents, and of the covering letter
transmitting them to the United States Government. and any other pertinent
documents.
Should the Government of Nicaragua wish any of the documents referred to
above to be treated as confidential, being made ;iccessibleonly to the Members
of the Court and to the other Party, no doubt you will so inform me, and 1shall

seek the further instructions of the Court.

14October 1985.

1have the honour to transmit to you herewith copies of two letters which 1
have today sent to the Agent of Nicaragua in the case concerning Militury un~i
Paramilitary Acrivitics in and against Nicarugua (Nicurug~iav. United Stiitesof'
Atneric~)~concerning requests by the Court for information and documents. 1
also enclose a copy of a further letter, also of today's date. by w1transmitted
to the Agent of Nicaragua a question put by Jiidge Schwebel, together with a
copy of the text of that question.

15October 1985.

1 have the honour to refer to the case concerning Military and Paramilitary
Activitirsinaiirlagaifut Nicaruguo (Nicaragua v. UniredStares (iA merim) .
During theoral hearings on the merits of the case in reference, severalquestions
were asked by the Court, which 1now proceed to answer.
In the first place,fer to the Questionsof Judge Schwebelto the Agent of Nica-
ragua.

While each of these questions was answered by the Agent of Nicaragua in his
closing speech on 20 September 1'385,in the interest of assisting the Court 1shall CORRESPONDENCE 425

indicüte here in precisely at what portion of the transcript these questions were
answered.

Question at CR 85/24, pages 44-45 :This question was answered by the Agent
of Nicaragua at CR 85/27, pages 74-75 (see also CR 85/25, p. 15)'. The
Government of Nicaragua has never supplied arms to rebels in El Salvador or
condoned the supply of arms by others from Nicaraguan territory. My
Governmenr has never permitted the establishment of the leadership of the
Salvadoran insiirgents in Command centers in Nicaragua. My Government. like

the Government of the United States and other governments in Central and
South America, has granted entry to leaders of the Salvadoran insurgency from
time to time. My Government has never collaborated in the training of Salvadoran
insurgents or permitted them to be trained by others in Nicaraguan territory.
My Government did not collaborate in the organization of the insurgency in El
Salvador. Thus, there is no validity to any argument of "mirror images".
Question No. 1,CR 85/25?page IO: This question was answered by the Agent
of Nicaragua at CR 85/27, pages 75-76, and by Professor Chayes at CR 85/24,
pages 71-75 2.
Question No. 2, CR 85/25, page II :This question was answered by the Agent

of Nicaragua at CR 85/27, pages 75-76, and by Professor Chayes at CR 85/34,
pages 71-75 3.
Question No. 3, CR 85/25, page 114: My Government has no transcript or
tape recording of the interview in question and has no knowledge of the existence
of any such transcript or tape recording.
Questions No, 4 and 5. CR 85/25, page II :These questions were answered
by the Agent of Nicaragua at CR 85/27, page 75 and by Professor Chayes at
CR 85/24, page 715. Nicaragua's counsel have never stated or implied that the
Government of Nicaragua supplied arms to rebels in El Salvador or condoned
the supply of arms by others from Nicaraguan territory. Any newspaper article
purporting to attribute such statements or implications to Nicaragua's counsel

is inaccurate.
Question No. 6, CR 85/25, pages 11-13" This does not appear to be a
question. It appears to be a secies of quotations from materials that were not
submitted by the Parties to the Court and do not constitute evidence in this case.
Question No. 7, CR 85/25, page 14: This question was answered by the Agent
of Nicaragua at CR 85/27, pages 74-76 and CR 85/25, pages 15-167. It was
never the policy of my Government to supply or ship arms to Salvadoran
guerrillas. Consequently, it was never the policy of my Government ta use the
airstrip at Papalonal or any other part of Nicaraguan territory for such purpose.
It was also never the eolicv of mv Government to seek to overthrow the

Government of El Salvador.
Secondly, the question posed by Judge Ruda.

1. In its Application, Nicaragua requested the Court to adjudge and declare :
"(a) That the United States, in recruiting, training, arming, equipping.

'Pp. 123 :236-237; 146.supm.
lhid.42 :236-237 ;136-139,SLI~IU.
P. 143,supra.
Pp. 143 ;236-237: 136,sttprii.
'Pp. t43-144,supru.
'Pp. 144 ;236-237 ;146,sirpm. MILITARY ANI1 PARAMILITARYACTlVlTlES

financing, supplying and otherwise encouraging, supporting, aiding,
and directing military and paramilitary actions in and against
Nicaragua, has violated and is violating its express Charter and treaty
obligations to Nicaragua and, in particular, its Charter and treaty
obligations under :

Article 8 of the Convention on Rights and Duties of States.
Article 1,Third, of the Convention concerning the Duties and Rights
of States in the Event of Civil Strife." (Application, para. 26.)

2. Inits Memorial on the merits,filed30 April 1985,and in its oral pleadings,
Nicaragua did not refer specificallyto its claims under these two conventions, as
stated by the Agent of Nicaragua in response to a question frorn Judge Ruda.
However, Nicaragua has not abandoned these claims'.
3. In its Memorial and oral pleadings, Nicaragua emphasized the long history
of U.S. military and political intervention in Latin America and the evolution of
a special legal order inthe western hemisphere the very purpose of which was
to outlaw such intervention by the United States. (Memorial, paras. 324-331 =
CR 85/26, pp. 24-26 '.)This regional legakorder established direct obligations of
the United States to its Latin Arnerican neighbors that have a significanceeven
beyond the universal obligations under the United Nations Charter. Because
Nicaragua has been one of the most frequent victims of the U.S. military

intervention it was argued, Nicaragua is in real sense a special beneficiary of
these obligations. (CR 85/26, p. 26'.)
4. These obligations, now embodied in the Charter of the Organization of
American States, have a long jiiridical history both in the customary and
conventional law of the western hemisphere. The famed Calvo Doctrine, enun-
ciated early in the 19thcentury, although most often cited in cases of diplornatic
intervention to collect private debts, was in fact directed against military inter-
vention. as well, a forliori. Other 19th-century juriçts, such as Andres Bello,
Genaro Estrada and Luis Maria Drago, wereequally explicit. (See, e.g., 1Fabela,
"Intervention", p. 134, Paris: Pedone 1961 - D. Antokoletz, "Tratado de
Derecho Internacional Publico". pp. 53-58, Buenos Aires: La Facultad, 5th ed.,
1951.) The history of attempts to deal with the problem by means of positive
international law is equally fengthy. lt dates back, according to some, to the
Treaty of Pcrpetual Union, teague and Confederütion of 1828and the Treaty
of Confederation of 1848.(Antokolet~~op. cit.,pp. 50-53.)

5. AsNicaragua Statesin its Memonal and oral pleadings,these efrorts came to
a head in the seriesof Fan Americanconferencesof the 1920sand 1930s,in which,
step by step, the Latin American States forced the United States to relinquish
its claims to a special right to intervene militarily or otherwise in their afairs.
6. Major milestones in this evolution were the Convention on Rights and
Duties of States and the Convention concerning the Rights and Duties of States
in the Event of Civil Strife, under which Nicaragua claims in this case. It is
Nicaragua's belief, however, that the duties and obligations established by these
conventions have been subsumed in the OAS Charter, which is the climactic
event of the juridical evolution described. lndeed, the language of the OAS
Charter owes much to the provisions of the earlier conventions. Further, it is
Nicaragua's belief, that the rights and duties contained in these conventions are,
at present, principles of custornary and general intrnational law. In order not to

'See No. 158,inJru.
Pp.184-185,sirpm.
P. 185,supra. CORRESPONDENCE 427

burden the Court with repetitive material, separate argument directed specifically
to the conventions was omitted from Nicaragua's pleadings.
7. For example, Article 8 of the Convention on Rights and Duties of States
provides: "no State has the right to intervene in the interna1 or external affairs
of another". Article 11 provides :

"... the territory of a State is inviolable and may not be the object of
military occupation nor of other measures of force imposed by another
State directly or indirectly or for any motive whatever even temporarily".
These provisions are incorporated substantially verbatim in the OAS Charter,
Articles 18and 20.
8. The subcomrnittee that considered the draft (chaired by Raymundo Rivas
of Colombia) resolved unrinimously to include in its report the following defi-
nition :

"any act of a State, through diplomatic representation, by armed force, or
by any other rneans involving effective force, with a view to making the
State'swilldominate the willof another State, and, in general, any maneuver,
interference or interposition of any sort, employing such means, either
directly or indirectly in the matter of the obligations of another State, what-
ever its motive, shall be considered as intervention and likewise a violation
of international law". (Minutesand antecedents of the Seventh International
Conference of American States, 1933.)

9. The Convention on Rights and Duties of States in the Event of Civil Strife
was signedat Wavanaon 20 February 1928and entered into force for the United
States on 21 May 1930. Under the provisions of Article 1 (3), under which
Nicaragua claims, the United States binds itself "to forbid traffic in arms and
war materials. Except when intended for the government, ..." It isobvious from
this record that the United States not only breached its duty to forbid traffic in
weapons and war materials from its territory to the contrus, but that it was the
principal trafficker and has in fact provided them with most of their weapons.
Nicaragua, however, believesthat the provision simply spells out one species of
armed intervention, prohibited under Articles 18,20 and 21 of the OAS Charter.
The United Shtes, on the record before the Court, is also in admitted violation
of Article 1 (1) of the Convention, which requires the parties "to use al1means

at their disposril to prevent the inhabitants of their territory, nationals or aliens,
from participating in, gathering elements?crossing the boundaries or sailing from
their territory for the purpose of starting or promoting civil strife". Not only
has the United States failed to prevent such actions - it has sent perçons, both
nationals and aliens, from its territory to conduct military and paramilitary
attacks against Nicaragua. It has actively sought to "start" or "promote" civil
strife in Nicaragua, where none exists. The cnntrus, as the evidence shows. have
no indigenous support in Nicaragua and would disappear as an effectiveforce
in the absence of the support, direction and control of the United States as was
so fully disclosed in the testimony. This lawless effort to foment civil strife
has faifed dismaliy, so that stricto senszrthe military and paramilitary attacks
Iliunched by the United States against Nicaragua do not constitute a case of civit
strife. They are essentially the acts of the United States.

1have received a telex communication from Commander Luis Carrion, giving
the information requested by Judge Colliard during Commander Carrion's
deposition.
Commander Carrion has requested that 1should communicate this information
to the Court.428 MILITARY ANI) PAWMILITARYACTIVITIES

The names and nationalities of the vessels are as follows:

"The 1984-1985 and 1985-1986 editions of Regirter ofShQs (published by
Lloyd's Register of Shipping) lists the following companies as the owners of the
foreign ships damaged by CIA mines inNicaraguan harbors :

1. Genpnnte VI,Volker Stevin baggermaatschappij Nederland, Oostmaaslaan 71,
P.O. Box 2695, 3000 CR Rotterdam, Netherlands.
2, Los Curihrs, Naviera Multinational del Caribe S.A., (Namucar) calle 7 y 9
Avenida Segunda, apartado 10095. San José, Costa Rica (Panamanian
Company).
3. Lugunsk, Novorossiysk Shipping Co., UI Svohody 1, 353900 Novorossiysk,
USSR.
4. lver Chaser, Chaser Shipping Corp., Liberian Registration, lver Bugge
(Manager), Storgaten 52, postboks 160, 325f Larvik, Norway.
5. Homin. no listing.
6. TerushioMaru, Nagashiki Kisen KK.. 2886, Konoshima-Sotoura, Kasaoka,
Okayama Prefecture, 714-2Japan."

16October 1985.

1 have the honour to acknowtedge receipt witti thanks of Your Excellençy's
letter dated 15 October 1985. and received in the Registry the sarne day. con-
cerning replies to questions put by Members of the Court during the oral
proceedings in the case concerning Militury und ParunlilituryActivities in und
ugainst Nicurrigua(Nicaruguuv. UnitedStates O/ America).
It is noted that at the foot of page 2 of your letter, anin paragraph 3 on
page 3, there are incoinplete references to the verbatim records of the hearings:
no doubt you will complete these as soon as possible.

16October 1985.

1 have the honour to transmit to you herewith a copy of a letter dated

15 October 1985,and received inthe Registry thesame day, from the Agent of
Nicaragua in the case concerning Militury alid Paramiliiary Activities inund
ugair~stNicurugurr(Nicaragua v. Utlitrd States r,America) , concerning replies
to questions put hyMembers of theCourt during the oral proceedings inthat case.

18 October 1985.

1have the honour to refer to your letter dated 16October 1985in which you
note that there are incomplete references to the verbatim record ofhe hearings
in my letter containing replies to questions put by Members of the Court during
the oral proceedings in the case concerning Militury und ParamilitaryAciivities
in andugainst Nicarag~ta(Niraragua v. UnitedStores (i Anzericu).
In this connection, please not: CORRESPONDENCE 429

Paragraph 2 of the answer to Judge Ruda should read :

"2. In its Memorial on the merits, filed 30 April 1985, and in its oral
pteadings, Nicaragua did not refer specificallyto its claims under these two
conventions. However. Nicaragua has not abandoned these claims."

From paragraph 3 of the answer to Judge Ruda, two citations are missing.
The first referenceshould be toCR 85/26,pp. 24-26.The secondreferenceshould
be to CR 85/26, p.26 '.

159. THEDEPUTY-REGISTRARTO THE DEPUTY-AGENT OFTH6 UNITEDSTATES OF
AMERICA

22 October 1985.

Further to my letter of 16October 1985,with which 1 transmitted to you rt
copy of a letter dated 15October 1985from the Agent ofNicaragua in the case

concerning Military and PciramilituryAcjivifiesin undagainst Nicaragua (Nica-
raguav. Unifcd.cltutt>(fArncricfi),1 now have the honour to send you herewith
a copy of a further letter from the Nicaraguan Agent, dated 18 October 1985,
concerning missing referencesin the previous letter.

160, THE AGENT OF THE REPUBLICOF NICARAGUA TO THE REGISTRAR

26 November 1985.

1have the honour to transmit to the Court the answers of the Government of
Nicaragua to the questions put by Judge Schwebel and transmitted to me as
Agent for the Government of Nicaragua, under caver of yaur Letter of
14October 1985.

1.1. Melida Anaya Montes and Cayetano Carpio died in Nicaragua.
1.2. Melida Anaya Monteswasthe victimof homicideon 6 April 1983;the per-
petrators were captured, tried before the Nicaraguan courts, convicted, and sen-

tenced on 10September 1985.Cayetano Carpio died by suicideon 12April 1983.

2.1 Melida Anaya Montes arrived in Nicaragua as a refugee approximately
one month before her death; she did not establish residence in Nicaragua and
there is no record of her occupation whilein Nicaragua. Cayetano Carpio arrived
in Nicaragua after Melida Anays Montes' death in order to attend her funeral;
he did not establish residence in Nicaragua and he had no occupation during
the few days he was in Nicaragua.
2.2. Melida Anaya Montes and Cayetano Carpio were associated with the
insurgency in El Salvador.
2.3. There is not now and there never was a building or headquarters in Nica-
ragua for Salvadoran insurgents, hence neither Melida Anaya Montes nor
CayetanoCarpio occupiedor worked at or out ofsucha buildingor headquarters.

Pp. 184-185sirprrz430 MILlTARYAND PARAMILITARY ACTIVITIES

There is no contradiction between.and henceno need to reconcile?the position
of the Nicaraguan Government set forth at CR 85/27, page 75 and CR 85/24.
page 44 ' and Nicarügua'sanswers to Questions 1and 2. (1must note that Judge
Schwebel's reference,in his third question, to CR 85/24, page 44, is actually a
reference to his own earlier rcmarks and not to iiny position expressed by the
Government of Nicaragua.)
As the Government of Nicaragua has consistently stated, it has never supplied
arms or other material assistance to insurgents in El Salvador or sanctioned the
useof its territory foruch purpose, it has never permitted Salvadoran insurgents
to establish a headquarters or operations base or command and control facility
in Nicaraguan territory and has never permitted its territory to be used for
training of Salvadoran insurgents. The Government of Nicaragua has permitted,
and continues to permit, Salvadoran refugeeswhether or not they are associated
with the insurgency in that country, to enter Nicaraguan territory and to remain
there as long as they obey Nicaraguan laws,
Nicaragua is not the only country that allows Salvndorüns who may be asso-
ciated withthe insurgencythere to enter its territor;other such countries include
France, Spain, Ecuador, Costa Rica, Mexico, Panama and the United States.
Indeed, as shown in the attached exchange of correspondence between Mr. Paul
S. Reichler. one of Nicaragua's counsel in this case,and Mr. Francisco Altschul,
the representative of the Salvadoran insurgency in Washington, D.C., the

Salvadoran insurgncy maintains formal offices in San José, Costa Rica,and
Mexico City, Mexico(their addresses are in Mr. Altschul'sletter) and maintains
official representatives in Paris, Madrid and Quito in addition to Washington.
Beyond this, Dr. Guillermo Ungo, President ofthe Fiente Democratico Revolu-
cionario, resides in Panama. Hector Oqueli, a member of the political/
diplornatic commission of the same insurgent organization resides in Mexico.
Ruben Zamora. also a member of that commission, is married to a Nica-
raguan, and resides in Managua. Dr. Ungo was an invited guest at the in-
auguration of President Alan Garcia of Pem in 1985.and has traveled widely in
South America and Europe, as wellas the United States. In fact, Dr. Ungo, Mr.
Oqueli and Mr. Zamora have visited the United States regularly since 1981and
have held meetings with members of Congress, given press conferences and
interviews and spoken at public gatheringsin the United States. Thus, it would
appear that senior representativesof the Salvadoran insurgency have spent more
time,and undertakenmore politicalactivity,in the UnitedStatesthan in Nicaragua.

6 November 1985.
Mr. Francisco Altschul,
P.O. Box 11452,
Cleveland Park Station,
Washington, D.C. 20008.

Dear Mr. Altschul:
1am writing to you in your capacity as representative of theFrente Democra-
tico Revolucionario/Frente Farabundo Marti de Liberacion Nacional (FDR/
FMLN).

'Pp.237 : 123,supra. CORRESPONDENCE 43 1

I would Iiketo know the countriesinwhich the FDR/FMLN maintains offiçes
and representatives, and the addresses of same. I would also like to know the
countries where the FDR/FMLN leadership resides, if other than El Salvador'
and whether (and, if so, when) such leaders have visited the United States and
other countries.
1 wish to advise you that1 serve as counsel to the Government of Nicaragua
in the case concerning Militurymd Purrrmilitary Activities in alid against Nicu-

raglia,now pending inthe International Court of Justice, and that the information
you furnish me, if any, may be submitted to the Court.

(Signrd) Paul S. REICHLER.

Mr. Paul S. Reichler,
Reichler & Appelbaum,
S88 17th St.,NW,

Suite 1101,
Washington, D.C. 20006.

Dear Mr. Reichler:
This isin response to your letter of November 6, 1985.
The following information is public information and you may use it however
you like.
The FDR/FMLN maintains officesin Mexico City (Apartado Postal 5-660,
06500, Mexico, D.F.) and San José(Apartado Postal 583, Codigo 1002, San
José,Costa Rica). We also have representatives in Paris, Madrid and Quito.

Three of our leaders are now living abroad. They are Dr. Guillermo Ungo,
President of the F.D.R., who lives in Panama, and two members of the poli-
tical/diplomatic commission, Hector Oqueli and Ruben Zamora, who live in
Mexico and Nicaragua respectively.Mr. Zamora's wife is a Nicaraguan citizen.
A11three of these men have visited the United States regularly since 1981.
They have met with members of the Congress, and held press conferences and
interviews,They have spoken at universities,to solidarity groups, etc. Dr. Ungo
met with the Kissinger Commission in Washington in 1983.Other leaders from
El Salvador have also visited the United States, as in November 1984 when
Salvador Samayoa and Oscar Aceredo participated in a televiseddebate held in
California and tater traveleto Washington.
Our leaders have traveled to many other countries too, especially Dr. Ungo
who has been to many South American and European countries. This year he
was an invited guest at the inauguration oftan Garcia as President of Peru.
1 hope this answers your questions.

(Signedl Francisco ALTSCHUL.

26 November 1985.

1 have the honour CO refer to your letter of 14 October 1985 (No.74798),
communicating to me, as Agent of the Republic of Nicaragua, the Court's432 MILITARYAND PARAMILITARY ACTIVITIES

requestfor additional documents in the caseconcerning MilitaryandPuramililary
Activities in anduguinsl Niruraguri.Following isrny Government's response.

1. The Court's first request was for the communication of 12 July 1979from
the Provisional Government of National Reconstruction to the Organization
of American States, togetherwith the annexesthat accompanied such communi-
cation.
The communication is enclosed herewith, both in its original Spanish text'
and in an English translation prepared by the O.A.S.
There were four annexes to the communication, which are listed on the last
page of that document. A copy of the first annex, the Resolution of the XVII
Meeting of Consultation of Ministers of Foreign Afkdirsof the O.A.S., is also
enclosed herewith'. Copies of the other three annexes (the proposed Law of
Guarantees, Organic Law and Program of the Government of National Recon-
struction) could not be iocated, despite diligent search, either in Nicaragua
or at the O.A.S. However, in lieu ofthese annexes, 1am enclosingherewith the
final versions of these three measures as they were enacted into law on 20 July
1979and 21 August 1979'. (As enacted, these laws werecalled programs of the
Government, Fundamental Statute of the Republicand Statute Regarding Rights

and Guarantees of the Nicaraguan People.)
Because I served as Legal Adviser to the Junta de Gobierno, which wielded
executivepower during that period, 1can affirmto the Court that there were no
substantial diferences betweenthe proposed laws annexedto the communication
to the O.A.S. and the ones enacted into law shortly thereafter.
2. The Court's second request was for contemporary memoranda or records
of supposedconversationsin Managua at theend of 1980betweentheNicaraguan
Head of State and the Minister of Foreign Affairsand the United States Deputy
Assistant of State for Central American Affairs, "on the subject of aid given,
according to the United States, to the opponents of the Government of El
Salvador".
There were no such conversatioiis. Accordingly, there are no documents that
fitthe Court's description. Neverthcless,my Government has asked me to submit
the followingdocuments in an effort to assist the Court:

In this officialdetermination, President Carter formally certified"on the basis

of an evaluation of the available evidence, that the Government of Nicaragua
has riotcooperated with or harbors any international terrorist organization or is
aiding, abetting, or supporting acts of violenceor terrorism in other countries".
The offcial press communiquéissued by the Office of the White House Press
Secretary (alsoenclosed herewith)explains that :
"The certificationis based upon a careful consideration and evaluation
of al! the relevant evidenceprovided by the intelligencecommunity and by
our Embassies in the field. It also takes into account the Government of

Nicaragua's repeated assurancesthat it is not involved with international
terrorism or supporting violence or terrorism in other countries. Our intel-
ligence agencies as well as Our Ernbassies in Nicaragua and neighboring

'Spanishtextnot reproduccd.
Not reproduced. CORRESPONDENCE 433

countries were fully consulted, and the diverse information and opinions
from al1sources were carefully weighed ..."

To the extent that the Court's request reflects an interest in the views of the
United States Government at the end of 1980concerning supposed support by
Nicaragua to El Salvadoran opposition forces, the time period and subject-
matter specified in your letter of 14 October 1985, my Government trusts that
the Court will find the aforementioned documents useful.

B. REPOR OTFMEETINB GETWEN THOMAE SNDER SND COMMAND EFRTHE

REVOLUTID OANNIE LRTEG AAAVEI~A 1,2AUGUST 1981

This is an interna1report of the Nicaraguan Government relating what trans-
pired at a meeting betweenCommander Daniel Ortega Saavedra, then the Co-
ordinator of the Junta de Gobierno, and Thomas Enders, then the U.S. Assis-
tant Secretary of State for lnteramericanairs. The meeting took place in
Managua on 12 August 1981,and it covered a number of topics having to do
with relations between Nicaragua and the United States. The report is not a
public document. However, Nicaragua has no objection if the Court wishes to
make it public, and leaves it to the Court to determine howeport should
be treated.
It should be noted that the report of the meeting betweenCommander Ortega
and Mr. Enders corroborates and confirms the evidence and testimony already
presented to the Court by Nicaragua on the subject of the supposed supplying

of arms to El Salvadoran insurgents.
To briefly summarize that testimony and evidence: the Government of Nica-
ragua hasnever supplied arms or other war material to ElSalvadoran insurgents
or authorized the use of Nicaraguan territory for such purpose. This does not
mean that persons sympathetic to the insurgents have not, without the approval
of the Nicaraguan Governrnent and contrary to its policy, sent small quan-
tities of arms from or through Nicaraguan territory to the insurgents; how-
ever, the Nicaraguan Government has acted diligently to prevent and stop
such arms trafficking to the best of its ability. The testimony of Mr. David
MacMichael, a former C.I.A. officialcalled as a witness by Nicaragua, was that
sorne arrns shipments to El Salvadoran insurgents emanated from Nicaraguan
territory at the very beginning of 1981,but that these shipments ceased,and did
not resume, after March 1981. He saw no evidence of any other shipments
between April 1981 and April 1983, when his employment with the C.I.A.

ended. Mr. MacMichael testified that the evidence "did not establish" that the
Nicaraguan Government was responsible for the arms shipments at the very
beginning of 1981.and Nicaraguan Government witnesses have told the Court
that the Government had no involvement or responsibility as regards those or
any other shipments. (See,g., CR 85/21,pp. 13-14,20-21,25-26'.)
At the meetingof 12August 1981,according to the report, Commander Ortega
told Mr. Enders (p. 6) that the Junta de Gobierno (which exercised executive
power in Nicaragua from 19 July 1979 to 10 January 1985) and the National
Directorate of the Frente Sandinista de Liberacion Nacional (the highest organ
of Nicaragua'sruling political party) had decided not to permit any supply of
arms from Nicaragua to El Salvadoran insurgents. Commander Ortega also
stated(id.)that based on information about certain arms shipments provided
by the United States Government to the Nicaraguan Government in March

'Pp.51-5254-5558,supra.434 MILITARY AN11 PARAMILITARY ACTIVITIES

1981,the Nicaraguan Government took action immediatelyto curtail and prevent
these activities and they were, in Fact,curtailed and prevented,
Mr. Enders acknowledged (p. 3) that the Nicaraguan Government, upon
receiving the information from the United States about the arms shipments,
took action to stop them and did stop them, in March 1981.This, of course,
corroborates Mr. MacMichael's testimony that the arms shipments at the very
beginning of 1981 stopped as of March 1981. What is newly provided by the
report is that theicaraguan Government interveriedto stop the arms shipments
and did so after evidence of the shipments was furnished to it by the United
States Government.

According to the report, Mr. Enders suggested to Commander Ortega that
sometime later arms shipments from Nicaraguan territory to El Salvadoran
insurgents resumed. The report does not record Mr. Enders as providing any
specific information as to date, place, quantity, persons responsible, means of
shipment, etc. The report does show, however, tliat Commander Ortega asked
for this information and told Mr. Enders that if ihe United States Government
onceagain furnished Nicaragua with evidence ofarms shipments, the Nicaraguan
Government would again take the necessary steps to stop it. "We would ask you
to give us reports about that flow to help us control it", Commander Ortega
said (p. 6). Mr. Enders refused to provide any further information of this type
even though similar information was provided fivemonths earlier, saying (id.) :
"we are not in conditions to provide you intelligence reports, we would com-
promise our sources and our nations have not arrived at the necessary level to
exchange intelligence reports".
It is Nicaragua's position that no information about arms shipments to El
Salvadoran insurgents after March 1981could hiive been furnished because no
such shipments were made. That is confirmed by Mr. MacMichael. Based on his
reviewof al1the relevant information and reports collected by the United States

Government, Mr. MacMichael testified that there was no evidence of arms
shipments after March 1981.
3. The Court's third request was for the draft treaties submitted by the
Government of Nicaragua to the Government of the United States on 20 October
1983.Please be advised that Nicaragua submitted these documents to the Court
on 25 April 1984, as Nicaragua's Exhibit IX' in connection with the hearings
on interim rneasures of protection. No copy of the letter of transmittal to the
U.S. Department of State could be located, despite diligent search.
1trust that the foregoing and the enclosed documents constitute a satisfactory
response to the Court's requests.

16July 1979.

Because of the great significance of the matter deaIt with, and because the
issue was recently considered by the XVII Meeting of Consultation of Ministers
of Foreign AHairs within whose jurisdiction it still falls, the Secretary General
of the Organization of American States begs to forward to the Representative

1,pp. 217-249. CORRESPONDENCE 435

with his compliments the message he has received from the "Junta of the
Government of National Reconstruction" of Nicaragua. the text of which is self-
explanatory.

t2 July 1979

Mr. Secretary General :
We are pleased to make available to you, and to the ministers of foreign affairs
of the Member States of the Organization, the document containing our "plan
to secure peace" in our heroic, long-sunering count~y at the moment when the
people of Nicaragua has consolidated its political alid military victory over the
dictatorship.
We have developed this plan on the basis of the Resolution of the XVII
Meeting of Consultation on June 23, 1979, a Resolution that was historiç in

every sense of the word: It demands the irnrnediate replacement of the genocidal
Somoza dictatorship, which is now nraring its end, and backs the installation of
a broadly-representative democratic government in our country, such as the
one we have formed. While saying that "the solution of the serious problem is
exclusively within the jurisdiction of the people of Nicaragua", it appeals to
hemispheric solidarity to preserve our people's right to self-determination.
Weare presenting to the community of nationsof the hemisphere in connection
with our "plan to secure peace" the goals that have inspired our government
ever since it was formed. They have been set forth in our documents and political
declürations, and we wish to ratify some of them here:

1.Our firrn intention to establish full observance of human rights in our
country in accordance with the United Nations Universal Declaration of the
Kights of Man, and the Charter on Human Rights of the OAS. Our observance ,
of human rights has alreadybeen mde plain by the way the Sandinista National
Liberation Front has treated hundreds of prisoners of war. Our government thus
invites the Inter-American Commission on Human Rights (CIDH) to visit our
country as soon as we are installed in our national territory.
II. Our wish that our installation in Nicaragua corne about through a peacef~~l
and orderly transition. The Government of National Reconstruction would take
it as a gesture of solidarity if the foreign ministers of the hemisphere were to
visit our country, and we hereby extend them a fraternal invitation to do so.
III. Our decision to enforce civil justice in our country and to try those
incriminated of crimes against our people acçording to the regular laws. By their
heroic struggle, the people have won themselves the right to let justice prevail
for the first time in half a century, and will do so within the framework of the

law. without a spirit of vengeance and without indiscriminate reprisais.
IV. Those collaborators with the régimethat may wish to leave the country
and that are not responsible for the genocide we have suffered or for other
serious crimes that demand trial by the civil courts, may do so with al1 the
necessary guarantees, which the Government of National Reconstruction author-
izes as of now. The departure of these persons rnay be supervised by the Inter-
American Commission on Human Rights and by the International Red Cross.
V. The plan to cal1 the first free elections our country has known in
this century. so that Nicaraguans çan elect their representatives to the citycouncils and to a constituent assembly, and later elect the country's highest
authorities.

Mr, Secretary Genenil, it is now up to the governments of the hemisphere to
speak, so that the solidarity with the struggle Ourpeople has carried forward to
make democracy and justice possible in Nicaragua can become fully effective.
We ask that you transmit the text of this letter to the foreign ministers of
the OAS,
Yours most respectfully,

Junta of the Government of National Reconstruction
Violeta de Chamorro - Sergio Ramirez Mercado - Alfonso Robelo Callejas -
Daniel Ortega Saavedra - Moises Hassan Morales.

Plan of the Government of National Reconstruction to secure peace.
We began on the basis that while it is true that the solution of the serious
problem is exclusively within the jurisdiction of the people of Nicaragua, that

hemispheric solidarity that is vital if thiç plan is to be carried out will come
about in fulfillment of the Resolution of the XVlI Meeting of Consultation of
Ministers of Foreign Affairs of the OAS adopted on June 23, 1979.
The following steps will ensure the immediate and definitive replacement of
the Somoza régime,which has already been defeated by the heroic fighting
people of Nicaragua and their vanguard, the Sandinista National Liberation
Front. Rejection of this plan for a political solution would leave the military
annihilation of the Somoza régimeas the only way out. This could go on for a
few more weeks, and would cause unnecessarily many more deaths and much
more destruction.

The stages of the plan :
1. Somoza submits his resignation to his Congress. His Congress accepts it
and turns power over to the Government of National Reconstruction in
recognition of the baçking it has received from al1sectors of Nicaraguan society.
II. Installation of the Government of National Reconstruction. This govern-
ment is formed of representatives of al1sectors of Nicaraguan politics, and has
received the officia1support of al1of them.
III. Immediately following the Government of National Reconstruction's
installation inside Nicaragua, the member States of the OAS, particularly those
that sponsored or voted in favor of the Resolution, will proceed officially to

recognize it as the legitimate government of Nicaragua.
IV. The Government of National Reconstruction willimmediately proceed to :
1. Abolish the Somoza constitution.
2. Decree the fundamental statute by which the Government of National
Reconstruction will be provisionally governed.
3. Dissolve the National Congress.
4. Order the National Guard to crase hoçtilities and to return immediately to

their barracks, with guarantees that their lives and other rights be respected.
Those officers,non-commissioned officersand ranks of the National Guard that
wish to do so may join the new national army, or they may return to civililin
life. The Sandinista Army will enforce the ceasefire to Fdcilitatecompliance with
these decisions, standing in place in the positions gained up to the moment the
decree is issued.
5. Maintain order using those sectors of the National Guard that have
observed the ceasefire and that are appointed to these duties by the Govern- CORRESPONUENCE 437

ment of National Reconstruction. They will work alongstde soldiers of the
Sandinista Army.
6. Decree the organic law that will govern the institutions of the State.
7. Implement the program of the Government of National Reconstruction.
8. Guarantee the departure from the country of al1 those soldiers, Somoza
officials who wish to leave and who are not involved in serious crimes against
the people.

Appendix 1- Resolution of the XVII Meeting of Consultation of Ministers of
Foreign Aftairs of the OAS.
Appendix II - Law of Guarantees.
Appendix 111- Organic Law.
Appendix IV - Program of the Governrnent of National Reconstruction.

"Resolution II (approved at the seventh plenary session, helon June 23, 1979) :
Whereas :the people of Nicaragua are suffering the horrors of a fierce armed

conflict that is causing grave hardships and loss of life, and has thrown the
country into a serious political, social, and economic upheaval, the inhumane
conduct of the dictatorial régimegoverning the country, as evidenced by the
report of the Inter-American Commission on Hurnan Rights. is the fundamental
cause of the dramatic situation faced by the Nicaraguan people and the spirit of
solidarity that guides hemisphere relations places an unavoidable obligation on
the American countries to exert every etTortwithin their power, to put an end to
the bloodshed and to avoid the prolongation of thisconflict which isdisrupting the
peace of the hemisphere.
The seventeenth meeting ofconsultation of ministers of foreign affairs, declare:

"that the solution of the serious problem isexclusivelywithin thejurisdiction
of the people of Nicaragua. That in the view of the seventeenth meeting of
consultation of ministers of foreign affairs this solution should be arrived at
on the basis of the following :
1. Immediate and definitive replacement of the Somoza régime.
2. Installation in Nicaraguan territory of a democratic government, the
composition of which should include the principal representative groups
which oppose the Somoza régimeand which reflects the free will of the
people of Nicaragua.
3. Guarantee of the respect for human rights of al1Nicaraguans without
exception.

4. The holding of free elections as soon as possible, that will lead to the
establishment of a truly democratic government that guarantees peace,
freedom, and justice.
Resolves:

f. To urge the member States to take steps that are within their reach to
facilitate anenduring and peaceful solution of the Nicaraguan problem on
the bases set forth above, scrupulously respecting the principle of non-
intervention and abstaining from any action that might be in conflict with
the above bases or be incompatible with a peaceful and enduring solution
to the problem. 2. To commit their efforts to promote humanitarian assistance to the
people of Nicaragua and to contribute to the social and economic recovery
of the country.
3. To keep the seventeenth rneeting of consultation of ministers of foreign
affairs open while the present situation continues."

Résolution II (adoptée rila septièmeséance plénière tenue le 23juin 1979):
la dix-septième réiinionde consultation des ministres des relations extérieures,

considérant :

Que le peuple nicaraguayen connaît actuellement les horreurs d'une cruelle
lutte armée qui cause des souffrances immenses, des pertes de vies et a conduit
lepays idesconvulsions politiques, socialeset économiques;que lecomportement
inhumain du régimedictatorial qui gouverne le Nicaragua, mis en pleine lumière
dans un rapport de la commission interaméricaine des droits de l'homme, est la
cause fondamentale de la tragique situation que traverse le peuple nicaraguayen ;
que l'esprit de solidaritéqui inspire les relations continentales impose aux pays
américains l'obligation inéluctable d'accomplir tous les efïorts qu'ils peuvent
pour arrëter l'effusionde sang, et éviterque la prolongation de ceconflit continue
de perturber la paix du continent,

déclare:

qu'il appartient exclusivement au peuple nicaraguayen de résoudre ce grave
problème ;
qu'à son avis cette solution doit reposer sur les bases suivantes:
1) remplacement immédiatet définitifdu régimede Somoza ;
2) installation au Nicaragua d'un gouvernement démocratique dont la com-
position comprenne les principaux groupes de l'opposition au régimede Somoza,

et soit librement choisi par le peuple nicaraguayen ;
3) garantie du respect des droits de l'homme de tous les Nicaraguayens sans
exception ;
4) organisation dans les plus brefs délais'd'élections libresconduisant à
l'installation d'un gouvernement authentiquement démocratique qui garantisse
la paix. la libertéet la justice;

décide:
1. D'inviter instamment les Etats membres a prendre toutes les mesures en leur
pouvoir pour faciliter une solution durableet pacifique du problème nicaraguayen
dans les conditions susmentionnéesen respectant scrupuleusement le principe de
la non-intervention et en s'abstenant de toute action incompatible avec lesdites
conditions, ainsi qu'avec lasolution durable et pacifique du problème.
2. De s'engager Pfournir lesefforts requis pour fournir l'assistance humanitaire
iila population, et pour contribuer au relèvement socialet économiquedu pays.
3. Qu'elle restera en session aussi longtemps que la présente situation se

prolongera. CORRESPONDENCE 439

12 September 1980.

Subject :Certification and Determination under the Foreign Assistance Act of
1961,as Amended Regarding Assistance to Nicaragua

Pursuant to the authority vested in me by the Foreign Assistance Act of 1961,
as amended (hereinafter "the Act"), 1 hereby :

(a) certify, pursuant to section 536 (gj of the Act * and on the basis of an
evaluation of the available evidence, that the Government of Nicaragua "has
not cooperated with or harbors any international terrorist organization or is
aiding, abetting, or supporting acts of violence or terrorism in other countries" ;
(h) determine, pursuant to section 614 (LI)of the Act, that the furnishing of
not to exceed $45,000,000in assistance to Nicaragua in the fiscal year 1980from
amounts appropriated under Chapter 4 of Part II of the Act for Egypt by the
Supplemental Appropriations Act, 1979, is important to the security of the
United States; and
(c) authorize the furnishing of such assistance to Nicaragua: Providecl,That
funds available for Egypt under Chapter 4 of Part II of the Act shall be re-
imbursed, in an amount equivalent to that furnished to Nicaragua hereunder,

from funds appropriatedfor Nicaragua by the Supplemental Appropriations and
Rescission Act, 1980,when such funds become available for obligation.
This determination shall be reported to the Congress immediately, and none
of the funds provided for herein shall be furnished to Nicaragila iintil after such
report has been made, as required by law.
This determination shall be published in the FcderulRegister.

12Sepiember 1980.

As required by Section 536 (g) of the Foreign Assistance Act, the President is
transmitting to the Congress acertification to release funds for aid to Nicaragua.
The specific finding required by the law was that the Government of Nicaragua

*The fulltextof section 536 (g]provides:"The Presidentshall transmitto the Speaker
of the Houseof Representatives andthe Committeeon ForeignRelationsof the Senate,
certificationprior to releasing anyassistanceto the Governrnentof Nicaraguaunder this
chapter. that the Governmentof Nicaragua has not cooperated with or harbors any
internationalterrorist organizationor isaiding,abetting,or supportingacof violenceor
terrorismin oiher countries.In the eventthat the Presidcnttransmitssucha certification,
but ai a laterdatc hedeterminesthat the Governmentof Nicaraguacoopcrateçwith or
harbors any international terroristorganization ors aiding,abetting, or supportingacts
GovernmenteoOPtNicaraguaunderthis chapterand the outstandingbalanceateaofünyloan tothe
the Governmentof Nicaragua, or any of its agencicsor instrurnentalities,with funds
authorizcdto beappropriatedbythischaptershallbecomeimmediatelydueand payable."440 MILITARY AND PAPAMILITARY ACTIVITIES

has "not cooperated with or harbors any international terrorist organization or
is aiding, abetting or supporting acts of violenceor terrorism in other countries".
The certification is based upon a careful consideration and evaluation of
al1 the relevant evidence provided by the intelligence community and by our
Embassies in the fielItalso takes into account the Government of Nicaragua's
repeated assurances that it is not involved with international terrorism or

supporting violence or terrorism in other countries. Our intelligenceagencies as
well as our Embassies in Nicaragua and neighboring countries were fully con-
sulted, and the diverse information and opinions from al1sources were carefully
weighed. The conclusion was that the available evidence permits the President
to make the certification requiredby Section (R) of the Act.
This certification the Congress permits the Administration to proceed with
disbursement of economic assistance urgently required to further U.S. national
interests in this critical area. The Administration does not intend to abandon
the vital Central Americanegion to Cuba and its radical Marxist allies. To the
contrary, the assistancemade available by the President'scertification willenable
us to give effectivesupport to those moderate and democratic Nicaraguans who
are struggling toeserve individual freedoms. political pluralism, the democratic
process and a strong, free enterprise participation in their economy. Sixty per

cent of the total75 million in assistance will go to the private sector in Nica-
ragua.

REPORT EE REUNIO NNTRE THOMAE SNDERS Y ELCOMANDAN TEELA
REVOLUCIO DANIEL ORTEGA SAAVEUKA
Agosro 12'1981

Eliders:Muchas gracias por la acogida que seme ha dado, asi como usted

Comandante, como el Canciller y sus colegas; asi çomo ustedes consideran a su
Revolucion irreversible, nosotros también la consideramos asi. Nosotros no
compartimos muchas ideas politicas y sociales,reconocemos si que la derrota de
Somoza es un hecho consumado y 10consideramos çomo ta1y ademas como un
hecho necesario.
Hablando con sus colegas y con la Junta de Gobierno hemos identificado tres
problemas principales y otros menores; dos de ellos han sido elevados por
Estados Unidos y uno por sus colegas.
Los tres problemas principales son los siguie:tes

1.- El continu0 flujo de armas, municiones y otro tipo de apoyo militar a El
Salvador.
2. El ripido desenvolvimientodelpoder militar en Nicaragua, que decontinuar
seria una amenaza para sus vecinos, que podria dar como resultado una
conflagracion general de la cual Estados Unidno podria sustraerse.
3.- Temor de que los Eçtados Unidos estan haciendo gestionespara desestabili-
zür la Revoluciiin y atacarla. CORRESPONDBNCE 441

En las pliticas de ayer no pretendo haber llegado a un acuerdo; la pregunta
que me hago: que si vale la pena hacer los esfuerzos necesarios para resolver

estos problemas y programar una serie de pasos para resolverlos?
Estirno que debo detenerme en este punto pues sus colegas ya le habran
informado sobre las conversaciones de ayer.
B.O.S. : Vemos con optimisrno su presencia en nuestro pais; y asi como la
Revolucion esuna realidad, los Estados Unidos son tambiénuna enorme realidad.
La situacion que vive elirea, estamos claros que es muy dificil, muy critica y
fa Revolucion Nicaraguense esta interesada en ser lin elemento estabilizador en
el area. ~Como lograr ese objetivo ...? Usted sefialaba tres puntos en cuanto a
problemas claves que ven los Estados Unidos y la Revolucion Nicaraguense;

cuando hablamos de la desestabilizacion de la Revolucion Nicaraguense no nos
referimos solamente al hecho propio de nuestro pais, sino que también nos
referimos a la actividad que de fuera a la Revolucion Nicaraguense, los Estados
Unidos ejercen directa o indirectamente en el irea centroamericana.
Los campamentos de los guardias nacionales en territorio de Estados Unidos
alientan las acciones contrarrevolucionariüs en el resto del irea en contra de
Nicaragua, y esto tiene significado concret0 en Nicaragua, hemos tenido mis de
100muertos; un cambio de üctitud de Estados Unidos conllevaria un cambio de
actitud de los gobiernos de Centro Américapara con Nicaragua.
La preocupacion expuesta por usted en cuanto a El Salvador. A nosotros a
tambiénnos preocupa, por el mayor comprometimiento que tienen los Estados
Unidos en El Salvador, sobre todo en el orden militar ;Estados Unidos Io que
ha hecho es fortalecer la posicion de los sectores mis conservadores de El
Salvador; y existen contradicciones entre las Fuerzas Armadas, los empresarios
y la Junta Salvadoreïia; ahi no se ha fortalecido la Junta, sino la posicionmas
conservadora, que hacen resistencia a la soiucion politica. Agregamos a esto, la
presencia de 20 asesores norteamericanos en Honduras.
Todo esto, a un pais como el nuestro, que se siente incomprendido por los
Estados Unidos, nos obliga a buscar mecanismos de defensa. Por eso con-
sideramos de mucha trascendencia su venida a Nicaragua.
Somos revolucionarios, no estamos de acuerdo que se den attitudes de los
Estados Unidos agresivas e imperialistas : no estamos deacuerdo quenos quieran
invadir. que nos hayan invadido, que nos corten los créditos; pero buscamos si
una mejor relacion con Estados Unidos, a cambio de que nos dejen hacer nuestra
Revoluci6n ;no queremos entra a una carrerü armamentista, pero las condiciones
nos han obligado a hacerlo, sostenemos una posicion de no-alineamiento,

queremos sostener esa posicion; no queremos convertirnosen una rimenaza para
Io que los Estados Unidos llaman "seguridad hemislerica"; pero para poder
sobrevivir. esta Revolucion tiene que buscar el respaldo de donde venga.
Queremos mantener el equilibrio de relacion conpaises de diferentes caracteris-
ticas ideoliigicas. pero las decisiones que se toman en los Estados Unidos son
determinantes para nosotros; tenemos toda 1üdisposicion a buscar nosotros y
ustedes, respuestas concretas y es necesario continiiar este dialogo a todos los
niveles que sea posible?para poder tener algo concret0 y las relaciones que todos
estamos deseando.

Enclers:Quiero hacer un par de anotaciones y algunas propuestas concretas:
Sobre El Salvador: nosotros no deseamos la restauracibn de un orden conserv-
ador en El Salvador. a menos que sea a travésde elecciones libres. Nos preocupa
la Reforma Agrarica y nos interesa que se lleve hasta su fin. En todas mis442 MILlTARY AND I'ARAMILITARYACTIVITIES

declaraciones he tratedo de manifestar eso. Creo queno obstante las dificultades,
la Reforma Agraria puede seguir adelante. La fase segunda de dicha Reforma,
que tiene que ver con las plantaciones decaféde tamafio mediano ta1vez deberia
ser postergada. Es necesario elprogreso social en El Salvador.
No objetamos su politica de no-alineamiento, tenemos relaciones con gran
cantidad de paises que practican esii politica.
Yo siento que estamos en un gancho de çamino, yo quisiera explorür conjunta-
mente con usted la manera en que tiuestras relaciones futuras podrian desenvol-
verse. Quiero someterte algunas ideas que habria que hacer: Por su parte: que

tomen las medidas necesarias para que el flujo de armas a El Salvador se detenga
nuevamente conzo en Marzo de este ano. No pretendemos inmiscuirnos en la
decision de como O con qué se debe lograr ese objetivo, pero podemos hacer un
monitoreo.
Nos gustaria que se atendiera el problema de la carrera armamentista en
Centro América.Sobre esto, hay dos puntos importantes:
a)- competencias de tener cada quien un mayor numero de personas enlistadas
en el ejércitoOen las milicias y

b)- de competencia para ver quiéntiene equipo mas moderno, tanques escor-
piones en Honduras y T-55 en Nicaragua.
Nosotros podemos sugerir algunos métodos de componer esto ;pero creemos
que cada pais puede resolver esto, el numero de soldados y de armas que cada
uno debe tener.
Tengo ademas un problema que puede ser muy importante, pues involucra a
los Sindicatos de los Estados Unidas que apoyan el programa de Reforma
Agraria en El Salvador. El Institut0 Americano de Sindicatos Libres tiene una

oficina aqui, y ahorita tiene una controversia, y es importante que eso no
perjudique nuestras relaciones.
Por nuestra parte:
1.- Con respect0 a la inseguridad de Nicaragua sobre posibles acçiones de
Estados Unidos en contra de Nicaragua, hago notar que ambos paises son
signatarios del TIAR, que en su primer articulo dice: "Que obliga a los
paises a no tomar recurso a las amenazas de uso de las fuerzas". Podria
ser interesante elinvestigar la posibilidad de reafirmar en forma bilateral o
a travésde otros mecanismos, este Tratado de Rio de Janeiro.

2.- Debe poderse estudiar un poco mas el problema de los exiliados politicos
nicaraguenses en Estados Unidos. Nosotros no tenemos el recurso legal
para enjuiciarios por participar en ejercicios rnilitares, ademis nadie los ve
alla como una amenaza real en contra de iistedes, pero es evidente que
ustedes si los ven çomo una amenazri politica, el problerna seria ver c6mo
noçotros podriamos dar respustas a este tema.
3.- Cuando suspendimos nuestra asistencia economica, dijimos que podria
restablecerse si Nicaraguapariiba el flujo de armas al Salvador y aunque la
situacionde los Estados Unidos ha cambiado. ese ofreçimiento sigue en pie.

Yo creo que en forma casi inmediata podriames investigar la ayuda alimentaria
y para el desürrollo; y posteriormerite, cuando los paises de la regibn se porigan
de acuerdo, nosotros responderiamos a esa propuesta regional. También creo
seria interesante la posibilidad de asistencia técnica atravésde jovenes técnicos
que vengan con el Cuerpo de Paz.
Lo que yo propongo es 10siguiente:
1.- Que nos tomemos las proximas seis semanas. es decir, hasta finales de

Septiembre, para ver si estas proposiciones pueden ser elaboradas.2.- En et interin, nos comprometemos a bajar un poco la retorica y esperamos
que ustedes hagan Io mismo.
3.- Nosotros iriamos presentando a ustedes las proposiciones y esperariamos
de parte deustedes las proposiciones que tengün a bien presentarnos.
4. Esperariamos que losprirximas dos semanas ustedes tendrian la oportunidad
de estudiar sobre nuestra primera propuesta.
5.- En este tiempo nosotros esperariamos que se tomen las medidas para
detener el flujo de armas al Salvador, yo propongo regresar a Nicaraguaa
fines de Septiembre para revisar el programa que se ha hecho y ver si las
condiciones estan listas para irse a un nive1mas alto.

Insisto que nosotros consideramos que estamos en un "gancho de carnino" y
si no tomarnos estas medidas no vamos a lograr distensionar la situacibn. Creo
que no es necesario explicar en detalle la alternativa pero quiero decir dos ideas:
solamente hay dos cosas que a nosotros nos puédeninvolucrar militarmente en
esta region :1)- que se resista a esta idea de hacer todo Io posible para detener
el flujo de armas al Salvador. 2)- que la carrera armamentista en Centro
América se desarrolle hasta ta1punto que algunos de sus vecinos en Centro
Américanos inviten a nosotros amparados en el TIAR. No tenemos nada que
ganar en esta eventualidad, el costo seria demasiado-grande, pero si se nos
empuja, la presente Administracion Americanü esta en condiciones de tomar una
decision en esa situacibn.
i ,omo le gustaria a usted que procedièramos . ..? i Debemos continuar
explicando las ideas que expresé...?

D. O.S. :Nosotros tambiénhemos contemplado las dos atternativas que usted
expone y también hemos vista la encrucijada, nosotros tenemos la decisiiin de
defender esta revolucibn por las fuerzas de las armas, alin cuando se nos aplaste
y llevar la guerra a toda Centro Américasi eso sucede; estamos conscientes del
poder militar de Estados Unidos, pero en ese aspect0 somos rominticos: pero
no suicidas y no queremos ese tipo de solucii>n. La propuesta que usted trae
considero que est5 dentro de un marco racional.
Hay ülgo que es importante y que se le hace dificil a los politicos norte-
amcricanos de entender y es: el proceso de cambio en América Latina. Los
Estados Unidos estan viendo a Nicaragua como el elemento determinante que
puede provocar una respuesta racional o no de parte de lus Estados Unidos.
Pienso que losEstados Unidos consideran que es elcomportamiento de Nicaragua
Io que determina que la reaccibn de Estados Unidos sea racional o irracional, y
el problema es la hlta de comprensibn de parte de los Estados Unidos; porque
la responsabilidad fundamental no es solamente elcomportamiento de Nicaragua,
sino el comportamiento de los Estados Unidos lo que determina nuestro
comportamiento. Nicaragua, historicamente ha sido aféctada por los Estados
Unidos alin cuando no existia la Union Soviética.
Tenemos un prejuicio historico hacia los Estados Unidos, saliendo de los

Estados Unidos una serie de actitudes que nos hacen terner agresiones de parte
de ellos, eso nos hace buscar todos los mecaniamos de defensa. A nosotros nos
interesa que triunfe laguerrilla en El Salvador y en Guatemala cuando vemos
que no hay una voluntad positiva de los Estados Unidos hacia nosotros. Por eso
el peso mayor de esto Io tiene la politica de los Estados Unidos. Esta situacion
no va a estai deteminada por el comportamiento de Nicaragua, sino que va a
depender del comportamiento de los Estados Unidos. Me pare que es necesario
hacer un esfuerzo para explorar esas vias que usted denuncia.
Una cosa importante, por ejemplo, seria que ustedes ayudaran a travésde su
influencia para que se produzca la reuiiiirn de Canciller de Centro América y444 MlLITARYAND PARAMILITARY ACTIVITIES

despuésla reuniiin de los Jefes de Estado, de todos los Cancilleres y de todos
los Jefes deEstado sin excepcion y ahi podria mos ir tocando estos puntos e ir
bajando la tension.
Nosotros estamos dispuesto a hacer todos los esfuerzos posibles para lograr
un entendimiento con los Estados Unidos, pero eso va a estar determinado por
la actitud de los Estados Unidos. Nosotros nos sentimos inseguros, pues hoy

estamos hablando con el Sr. Enders, pero un senor embajador de los Estados
Unidos en Colombia dijo otra cosa. y la Sra. Kirkpatrick habla por otro lado,
etc. Necesitamos un canal responsable de comunicacion, necesitamos seriedad en
las declaraciones y un canal consistente y que pos de confianza.
Seria muy positiva su venida en Septiembre y est)nos compromete a dar pasos
practicos. Si los Estados Unidos, por ejemplo, pueden actua en contra de los
campos de ex-guardias iiacionales en su territorio, bajaria la presiiin de la carrera
armamentista en Nicaragua. Los ex-guardias nacionales actuan en sus campa-
mentos porque los Estados Unidos lo permiten, pues si fuesen guerrilleros
guatemaltecos los que estuviesen alli, serian reprimidos imrnediatemente.
Nosotros mismos fuimos reprimidos en Estados IJnidos por el FBI y sabemos
de Io dificiel que es actuar cuando no hay disposicion politica de parte de los
Estados Unidos; Io mis importante pues es la comprension que los Estados
Unidos tengan de toda esta problemitica. Ya ve por ejen~plese va Pezzullo y

nosotros no sabemos si va a ver o no va a ver nuevo emabajador.
Enders: Hay un nuevo y valioso embajador para Nicaragua.
D.O.S.: También en Washington es necesario tener un buen canal de

comunicacion.
Enders: Ustedes tienen un muy buen embajador.
En relacion al asunto de la responsabilidad, no pretendemos achacarles a
ustedes la responsabilidad de la situaciiin imperante; yo comprendo que un
revolucion que recientemente ha triunfado-, se vera en la necesidad de armarse
para defenderse y proteger a otros movimientos revolucionarios afines y por
supuesto mas ventajosos que la lucha se de en otros paises y no en el de ustedes.
El problema es que esta forma de proceder O este comportamiento no seconvierta

en un reto para los Estados Unidos que &te tenga que responder, y esto es un
circulo infernal delque hay que salirse. La propuestas que quisiera hacer tendrian
que estar disefiadas a lograr evadir este problema, creo que si hemos de proceder,
tenemos que bajar la retiiricay proveérnosde un canal solido de comunicaciiin.
Yo le propongo que para el mundo solo digan que nos hemos encontrado
para no traten de caracterizar estas reuniones y solo hablemos del progreso en
nuestras proximas reuniones.
Insisto en la importancia de que el flujo de armas al Salvador sea detenido,
ya que sino, yo no podria sugerir a mi Gobierno que siguiéramosel curso de Io
que hemos conversado. Yo puedo estar seguro que haremos esfuerros inmensos
para explorar las ideas que les he expuesto y las prc>posicionesque ustedes hacen.

D. O.S. Sobre el Aujnde armas al Salvador, hay que aclarar que en la medida
en que hemos tenido informe de parte de ustedes se ha tratado de parar; quiero
aclararle sin embargo que existe aqui gran simpatia de cokaborar con el pueblo
salvadoreiïo, inclus0 de parte de mtembros de nuestras fuerzas armadas, sin
embargo de parte de nuestra Junta de Gobierno y la Direction Nacional existe
la decision de que no hay que permitir este tipo de actividades. Nosotros les
pediriamos que nos de informes acerça de ese flujo para ayudarnos a nosotros a
controlarlo.

Enders: Ustedes Io han logrado hacer antes y creo que lo pueden lograr ahora ; CORRESPONDENCE 445

no estamos en condiciones de proporcionar a ustedes informes de Inteligencia
pues comprometeriamos a nuestras fuentes y nuestras naciones no han llegado
al nivel necesario para intercambiar informes de Inteligencia.
Quiero reafirmar de que nosotros somos personas serias, que nos ponemos
condiciones imposibles O un juego diabblico en el que ustedes no pueden ganar.

D.O.S. :En Marzo ustedes nos trasladaron informes, que fueron importantes
para detener el flujo....

162. THE AGENTOFTHERCPUBLICOF NICARAGUA TO THE REGISTRAR

26 November 1985.

1 have the honour to refer to your letter of 14 October 1985 (No. 74797),
communicating to me, as Agent of the Republic of Nicaragua, the Court's
request for additional documents in the caseconcerning Milita- and Purumilirary
Activities iund uguinst Nicaragua. Following is my Government's response.

1. The Court's first request was for the officialtexts of the Presidential Find-
ings made by President Ronald Reagan on 9 March 1981,1December 1981and
20 September 1983concerning "covert activities"against Nicaragua by the Cen-
tral lntelligence Agency and other official organs of the United States Govern-
ment; in the absence of the officialtexts of the Presidential Findings, the Court
requested "the most authoritative evidence thereof available".
The Government of Nicaragua is unable, for obvious reasons, to supply
the Court with the official texts of these Presidential Findings. The Presiden-
tial Findings are highly cfassified, official documents of the United States
Government. They are not pubtidy available, and access to them even within
the United States Government is severely restricted. The Government of Nica-
ragua has never obtained - or sought to obtain - these or any other cIassified
U.S. documents.
Nevertheless, by diligent examination of publicly available sources and
materials Nicaragua was able to obtain authoritative and irrefutable evidence
of the existence ofthese three Presidential Findings and their contents. Al1such

evidence has already been submitted to the Court. To assist the Court, 1 will
summarize this evidence herein.
To begin with, United States law provides that "covert activities" by United
States intelligence agenciesmay only be undertaken in Foreigncountries when
the President makes a forrnal finding that such activities are important to the
United States'national security (22 UniteclStates Code(2422)); the findingmust
be communicated to the intelligence cornmittees ofthe Senate and House
of Representatives (50 United Stutes Code (413)). The Presidential Finding is
direrent Fromthe President's actual authorization for the "covert activities" to
take place. The authorization is norrnally contained in a National Security
DecisionDirective. whichspellsout the authorized activitiesand their objectiv;s
this document is not necessarilydisclosed to the Congressional IntelligenceCom-
mittees, The Presidential Finding is the President's formal communication
to these commiitees. In practice, it may or may not contain a complete and
accurate description ofthe covert activities,their objectivesand theirjustifiçation;
this depends on whether the President wishesto make a fullor a partial diççlosure

to the committees regarding the activities hehas authorized.446 MILITARY AND PARAMlLITARY ACTIVITIES

The most authoritative source of the existence of this finding is an internai
document of the United States National Security Council, prepared in April
1982?entitled "U.S. Policy in Central America and Cuba Through F.Y. [Fiscal
year] '84,Summary Paper". The document was obtained by the New YorkTimes,
which published it on April 7, 1983.The document, as published in the TIPIW,
was submitted by Nicaragua to the Court as Annex C. Attachment 111-1,to its
Memorial of 30 April 1985.In relevant part, the document states:

"Immediate steps are needed to implement an ams interdiction program
in Guatemala as provided by the 9 March 198I Presidential Finding on
Central America. Decision: ihat the Central Intelligence Agency'sauthority
under the 9 March 1981Presidential Finding be increased from $19.5 million
to $22.0 million in order thüt an expanded program in Guatemala be
initiated this fiscal year.ese funds should be obtained, if possible, from
the C.I.A.'s Reserve for Contingencies."

Members of the Intelligence Committees of the Senate and House of Repre-
sentatives cited the Presidential Finding o9 March 1981 in the course of inter-
views with the WusliiizgtonPost, reported on 8 May 1983, in which they traced
the history of United States covert activities in and against Nicaraguap to that
time. The Congressional sources advised the Post that:

"ln early Marcli, 1981,within six weeks of Reagan's inauguration, CIA
Director [William] Casey brought the intelligence committees a presidential
'finding3that secret operations in Central America wereimportant to United
States national security...
The initial Reagan administration program was outlined to the commit-
tees invery general terms! centering on the protection of the Salvadoran
government from the communist-supported insurgency there. Casey also

portrayed the program as resulting from inquiries from neighboring coun-
tries, such as Honduras and Costa Rica, about help against the spread of
revolution." (Annex F, No. 36, p. 68 (Wasliington Post, May 8, 1983). See
aIso Annex F, No. 191.p. 293 (Wall Slrwt Journu[. Milrch 5, I985), which
refers to "a March 1981 decision [that] authorized the agency [ClA] to
develop a broad political-action effortn Latin America".)

The Presidential Finding of 9 hlarch 1981did nor authorize or initiate the
C.I.A.-direçted campaign of military and paramilitary attacks in and against
Nicaragua. Thüt cümpaign was not authoiized by President Reagan until
November 1981, and the Presidential Finding on it was not issued until
1December 1980.The 9 March 1981Presidential Finding did, however, authorize
the C.I.A. to engage in political activity against theNicaragiian Government.
Accordingly. subsequent to this finding the C.I.A. made contact and began to
work with organizations of Nicaraguan exiles in Miami, and with the various
armed bands of former members of the Guardia Nacional who were carrying
out isolated acts of brigandry from small base camps in Honduras near the
Nicaraguan border. (Supplemental Annex G, paras. 6-8.) The C.I.A. succeeded
in unifying these diverse elements irito a single political/military organization,
the Nicaraguan Democratic Force. which came irito existence in August 1981.
(Id) As attested by Mr. Edgar Chamorro, who became a leading official of the
organization, the charter of the organizationwas drafted by the C.I.A., the name

was chosen by the C.I.A., and al1of the directors urereeither named or approved
by the C.I.A. (Id.) CORKEÇPONDENCE 447

The Presidential Finding of 1December 1981followed by a fewdays President
Reagan's formal authorization of a C.I.A.-directed campaign to foster insurgency
against the Nicaraguan Government and to conduct military and paramifitary
activities in and against Nicaragua. President Reagan's formal authorization was
given by means of National Security Decision Directive 17, which adopted a
plan prepared by the C.I.A. and submitted to the President on 16 November
1981at a meeting of the National Security Council. The C.I.A. plan itself was
subsequently obtained by the Washingtori Post and the New YOrk T~ZCSw , hich

published excerpts from it. One of these published accounts describesand quotes
from the C.I.A. plan as follows :

"The covert action proposal was developed by the CIA and firstpresented
in detail to President Reagan by CIA Director William J. Casey rit the
Nov. 16 [1981] meeting of the National Security Council ...
According to highly classified NSC records, the initial CIA proposa1 in
November called for 'support and conduct of political and paramilitary
operations against the Cuban presenceand Cuban-Sandinista support struc-
ture in Nicaragua and elsewhere in Central America'. The CIA, in seeking
presidential authorization for the $19million paramilitary force, emphasized
that 'the program should not be confined to that funding level or to the
500-man force described', the records show.
Covert operations under the CIA proposal, according to the NSC records,
are intended to :

'Build popular support inCentral America and Nicaragua for an oppo-
sition front that would be nationalistic, anti-Cuban and ünti-Somoza.'
'Support the opposition front through formation and training of action
teams to collect intelligence and engage in paramilitary and political oper-
ations in Nicaragua and elsewhere.'

'Work primarily through non-Americans' to achieve these Covert objec-
tives,but in some casesthe ClA might 'take unilateral paramilitary action -
possibly using U.S. personnel - against special Cuban targets.'
After the initial presentation, the CIA proposal was turned over to the
national security planning group. a subcommittee of the NSC, as a drüft
'presidential finding' which States the need for specific covert operations
under national security statutes, no funds can be expended for covert actions
'until the president finds that each such operation is important to the
national securityof the United States'." (Annex F, No.3, pp. 6-7(Washington
Post, March 10, 1982). See also Annex F, No. 3, pp. 3-5 (Wushingto Pnost,
February 14, 1982); Annex F, No. 6, p. 9 (Nm York Times, March Il.
1982); Annex F, No. 23, pp. 46-49 (Wusliington Post, April 3, 1983).)

The existence and content of the C.I.A. plan, and the fact of its adoption by
President Reagan in November 1981,were confirmed by Mr. David MacMichael,
a former C.I.A. officialcalled as a witness by Nicaragua at the oral hearings on
the merits:

"Q.: Now, as part of your officialduties at that tirne in 1981.were you
advised of a plan prepared for submission to the President of the United
States calling for covert activities against Nicaragua'?
A. :Yes, 1 was.

Q. :Can you tell us when and how you were advised of the plan?448 MILITARYAND PARAM~LITARY ACTIVITIEJ

A.: The plan was discussed at a meeting of the Latin American Aiïairs
Officewhich 1attended in my capacity as a member of the analytic group
early in the Fall of 1981.
Q. : When you say Latin American Affairs Office, is that the Latin
Amencan Affairs Office ofthe Central IntelligenceAgency?
A. : Yes, it is.

Q. : Do you know if the President ultimately approved this plan?
A. : Yes he did.
Q. : Was that the plan submitted to the House and Senate Intelligence
Committees in November 1981?
A. : Yes it was.
p.: You Say you first heard of this plan at a meeting in the Latin
American Affairs Officeof the Agencyin the Fall of 1981,could you tell us
generally the outline of the plan as discussed in that meeting?
A. : Well,as discussedthe general premise ofthe plan was that Nicaragua
was considered a menace to the security of the Central American region
and that acovert force of approximately 1,500 men was to be organized to
carry out rnilitary and paramilitary actions in Nicaragua." (P. 44, supru.)

Mr. ~ac~ichael continued :

Q. : Mr. MacMichael, you have described the plan in general terms, 1
would now like to read from a newspaper account in the WushingtonPost
purporting to contain excerpts from the actual CIA proposal to the President.
It is reprinted in Annex F, submitted with the Memorial (Item 4, pp. 6-7).
The newspaper account reads :'Accordingto highlyclassifiedNSC records
the initial CIA erowosal in November called for "su~port and conduct of
political andpa;amiiitary operations against the ~ubay~resence and Cuban
Sandinista support structures in Nicaragua and elsewhere in Central
Arnerica". T'hi CIA in seeking presidentialauthorization for the $19 million
pararnilitary force emphasized that "the programme should not be confined
to that funding level or to the 500-man force described" the records show.
Covert operations under the CIA proposal, according to the NSC records
are intended to: "build popular support in Central Arnerica and Nicaragua
for an opposition front that would be nationalistic anti-Cuban and anti-
Somoza" the quotation continues :"support for the opposition front through

formation and training of action teams to collect intelligenceand engage in
paramilitary and political operations in Nicaragua and elsewhere", "Work
primarily through non-Americans" to achieve these covert objectives,but in
some cases the CIA might take unilateral paramilitary action - possibly
using United States personnel - against special Cuban targets.'
To your recollection, does that accurately describe the plan that was
discussed at the meeting you attended?
A.: Yes, it does, 1 do not in al1 honesty recall the emphasis or any
discussion there of the possible unilateral use of United States forces or
personnel against Cubao targets, but the rest of it squares very well with
my recoilection." (Pp. 49-50,supra.)

The Presidential Finding on activitiescalled for in the C.I.A.'s planand autho-
rized by President Reagan was made and sent ta the Congressional intelligence
committees on 1 December 1981.This is confirmed by the public statement of
U.S. RepresentativeEdward P. Boland, who was then Chairman of the lntelligence

Cornmittee of the House of Representatives : CORRESPONDENCE 449

"This committee has fulfilled its responsibility to this House. When the
firstAndingwas made and sent to this cornmittee on December 1, 1981,it
was the kind of a finding that required, demanded, that this cornmittee have
updates on that finding." (Annex E, Attachment 10(130 Cong. Rec. H2918,
April 12, 1984).)

An officia1Report of the Intelligence Cornmittee of the House of Repre-
sentatives, dated 13 May 1983,confirms the timing of the Presidential Finding
and its content :
"From the Committee'sfirst briefing, inDecember, 1981,on the program

to support anti-Sandinista insurgency, serious concerns were expressedby
members of the Cornmittee. These concerns went to the number and tactics
of the insurgents to be supported, whether these insurgents would be under
U.S. control and the possibility of rnilitary clashes betweenNicaragua and
Honduras." (Annex E, Attachment 1(Report of the U.S. House of Repre-
sentativesPermanent SelectCommitteeon Intelligence,98th Congress,1stSes-
sion, Rept. No. 98-122,Part 1,p.7 (May 13, 1983).)
Finally, newspaper accounts derived frornofficialsources have also confirmed
the 1 December 1981finding. For example, the Neiv York Times of 14 March

1982,which obtained a copy of the Presidential Finding, reported that :
"One of the items made available [to the Times]was a document signed
by President Reagan on Dec. 1, 1981, asserting the need for a covert intel-
ligence operation in the region. By law, the President has to sign such a
document, called a Finding,for al1covert actions.
The document grants the CIA a broad authorization to support and
conduct political and paramilitary operations against Cubans and Cuban
supply lines in Nicaragua and elsewhere in Central America. It further
authorizes the CIA to work with other governments." (Annex F, No. 8,

p. 11(New YorkTimes, March 14, 1982).)
Other newspaper accounts of the Presidential Finding of 1Decernber 1981,based
on official sources, are part of the record of this case as: Annex F, No. 36,
page 69 (Washington Post, May 8, 1983); Annex F, No. 13, page 23 (Newsweek,
November 8, 1982); Annex F, No. 187, pages 282-283 (Los Angeles Times,
March 3, 1985).

On 6 May 1983, the Senate Intelligence Cornmittee voted to authorize and

fund continued covert paramilitary action in Nicaragua during the next fiscal
year, beginning 1 October 1983, only upon formulation of a new Presidential
Finding. Senator Barry Goldwater, the Committee's Chairman, confirmed this
in later Senate debates:
"On May 6, 1983,the IntelligenceCommittee voted 13to 2 to authorize
and fund a covert pararnilitaryaction program directedagainst theSandinista
régimesubject to certain conditions stipulated by the committee. The Corn-
mittee placed al1 funds requested by the President for fiscal year 1984
intothe reservefor contingenciesfor the purpose of supporting a redirected,

redefined covert paramilitary action program based upon formulation of a
new Presidential finding ...
Some of my colleaguesmay reçall that at the time we asked the president
to come up with a new program on the whole of Central America before CORRESPONDENCE 451

Nicaragua in a newPresidential finding. The finding authorizesthe continu-
ation of the present program. The scope of activities which are authorized
is verybroad. and in no way limitedto arms interdiction. ltincludeskeeping
the military pressure on the Sandinistas. Its bottom line is the continuation
of the war.
The finding makes no mention of overthrowing the Government of Nica-
ragua?although it is the stated purpose of the Contras. And the administra-
tion is offering no guarantees.
The new finding, then, is one more dort to defend the secret war in the
Congress. Whilethe finding contains more detail, it contains no new ideas
or policies. It isa compendium of the symmetry arguments you heard and
rejected in July. Make no mistake about it, military victory is the adminis-
tration's bottorn line. The statement of Under Secretary of Defense for
Policy. Fred Ikle, on September 12,before the Baltimore Council on Foreign
Affairs, clearly shows that there is a feeling in this administration that the
Sandinistas must be defeated on the battlefield before the problems of

Central America can be solved." (Annex E, Attachment 5 (129 Cnng. Rec.
H8390, October 20, 1983).)
Similarly, Representative Lee Hamilton, also a memher (and now Chairman) of
the House Intelligence Commitree, said :

"1 think the most significant developments that have occurred since we
met in July are two: One, we have a new finding submitted by the admini-
stration which considerably expands the purposes of that operation; and
two, the war has in fact expanded." (Annex E. Attachment 5 (129 Cong.
Rcc. H8416, October 20. 1983).)
2. The Court's second request was for the official text of the communiqué

issued by the Nicaraguan Ministry of Defence on 29 March 1984pertaining to
the mining of Nicaragu~inports. The original Spanish text 'of the communiqué,
as well as an English translation, are enclosed herewith.
I trust that the foregoing and the enclosed documents constitute a satisfactory
response to the Court's requests.

29 March 1984.

In response to the maneuvers of disinformation that the CIA and its
agents have tried to spread that the explosive devices that have exploded in our
ports are supposedly of artesanial manufacture and were placed by counter-
revolutionüry elements:

The Ministry of Defense reports:

1.That after the investigatiotis carried out as a result of explosions caused by
explosive devices on the merchant ship Ceopontes VI on 1 March 1984. Los
Caribes on 7 March 1984, El Llrgunsk on 23 March 1984, 13 Inderclraseron

'Spanish textnot reproduced.452 MILITARYAND PARAMILITARY ACTIVITIES

28 March 1984, it is çoncluded that said explosive devices are mines of high
sophistication, of industrial manufacture, emanating from the arsenals of the
army of the United States and they are being placed by specialists of the CIA,
by means of utilization of modern surface and underwater naval technique.

Managua.
Directorate of Public and External Relations of the Ministry of Defense.

163. THE REGlSTRARTO THE DEPUTY-AGENT OFTFIEUNITED STATESOFAMERICA

6 December 1985.

1 have the honour to send you herewith copies of the replies given by the

Agent of Nicaragua in the case concerning Miliiary und Parumilitary Actirities
in and uguinst Nicuruguu(Nicuruguu v. United States (i Americu) to questions
put by Judge Schwebelas also certain information and documents requested by
the Court following the hearing on the merits.
Allthese texts were hrinded to me by the Agent of Nicaragua on 26November
1985,except for the enclosures mentioned at the foot of the first page of his
letter No. 85-495,which I received from him yesterday.

164. THE MINISTEROF FOREIGN AFFAIRS A.I. OF THE REPUBLIC OF NICARAGUA TTHE
REGISTRAR

11April 1986.

We refer to the case concerning Military und Paramilitury Activities in and
against Nicaruguu {Nicuruguu v. United Stures rd'dnrerica), in order to inform
the Court of the following facts.

Nicaragua's Agentand Counsel in the case in referrence, H.E. Arnbassador
Carlos Argüello G., has been seriously threatened by representatives of the
Governrnent of the United States, both in the United States itself and in the
Netherlands. These facts are desçribed in a Memorandum sent by the Agent to
the Minister of Foreign Afiirs of which weannex a copy.
We consider these facts to be extremely serious because their purpose is to
intimidate the participants in this case iner to influenceor tarnish the cause
of justice. Furthermore, the threats andillicit and irnmorül offers made to the
Agent of Nicaragua, clearly indicate that Nicaragua's representatives, Counsel
and Advoçates, are in danger, directly or indirectly, from the Government of the

United States.
The Government of Nicaragua requeststhat the Court take the necessarysteps
in order to insure the independent rxercise of the duties of Nicaragua's Agent,
Counsel and Advocates in accordance with Section 3 of Article 42 of the Statute
of the Court.
Nicaragua understands that these steps includeamong others, the giving notice
ofthese rnatters to the country of the seat of the Court, and making recommen-
dations to be forwarded to the Secretary-General of the United Nations.
For its part, the Government of Nicaragua is taking al1 the measures it has
available in order to safeguard the persona1securityand well being of the Agent
and of his family. CORRESPONDENCE 453

Nicaragua has communicated to the Government of the United States, a note
of protest for these immoral and criminal acts that jeopardize the cause ofjustice
and endanger the life itself of human beings.
Furthermore, Nicaragua has giveninstructionsthat these matters be communi-
cated to the Secretary-General ofthe United Nations, and also to the Government

of the Netherlands, since Nicaragua's Agent is also Ambassador before that
Government.
(Signrd) Victor Hugo Ti~oco.

24 de Marzo de 1986.

Para : Padre Miguel D'Escoto
Ministro del Exterior
De : Carlos Argüello G.
Agente de Nicaragua ante la Corte Internacional de Justicia
Asunto : Denuncia

A finalesdel mes de Agosto de 1985,viajéde Nicaragua a los Estados Unidos
con el propbsito de reunirme con los abogados norteamericanos que forman
parte del equipo legal de Nicaragua en el juicio contra los Estados Unidos ante
la Corte Internacional.
En ese viaje aprovechéla oportunidad de un fin de semana para visitar a mi
hermano Federico Argüello quien reside en laciudad de Miami.
Estando en esa ciudad fui abordado por individuos que se identificaron como
empleados de la F.B.I. Uno de éllosme mostro una placa que Io identificaba
como el Sr. Miranda, agente de la F.B.I.
Se meseîialo que la F.B.I. era una institucion diferente a la C.I.A. y que por
tanto yo no estaba tratando con la C.I.A.

El Sr. Miranda me indico que sabian que mi hermano vivia en Miami pero
queno me preocupara por su bienestar O el de mis familiaresen Estados Unidos.
Me pregunto si necesitaba algo en losEstados Unidos pues é1podria conseguirlo.
En fin, que éIpodria conseguirme Io que yo deseara.
En la conversacion el Sr. Miranda me manifesto el vivo interésque tenian
altos funcionariosen Washington de hablar conmigo sobre eljuicio ante la Corte
Internacional. Asimismo, que al mas alto nive1 en el Consejo de Seguridad
Nacional, deseaban hablar conmigo sobre la situacion en mi pais.
En las circunstancias del cas0 acepté, para fecha a fijarse en el futuro, una
reunibn con las personas que decia deseaban hablar conmigo-
En los meses siguientes, recibi varias Ilamadas telefoniças tratando de fijar
fechay lugar para una posterior reunion. Estas llamadas procedian aparentemente
desde Miami y la invitacion erli para reunirme con el Sr. Miranda y otras
personas.
La certcza sobre la proveniencia y verdadero sentido de la situacibn antes
descrita quedi>claramente estabtecido con los siguientesacontecimientos.

A mediados de enero de este ana, econtrandome en un alrnuerzo en la ciudad
de La Haya con la Srta. Nikki L. Hansen, Oficial Comercial con rango de454 MILITARYAND PARAMILITARY ACTIVITIES

Segundo Secretario de la Embajada de los Estados Unidos en Holanda, ella me
hizo entrega de una carta que me dijo debia leer y luego devolverle con repuesta.
En la carta, escrita en espaiïol, se hacia referencia a mi anterior reunion en el
mes de agosto en Miami, reiteraba el interésque ellos tenian de reunirse conmigo
pues podria ser muy provechoso y agregaba que no debia preocuparme por mis
familiares en Estados Unidos.

En vista de las amenazas e insinuaciones de la carta, acepté la reunion
demandada. Se fijo que Csta çeria en la propia casa de la Srta. Hansen situada
en La Haya en Bazarstraat 34, y me dib su teléfonoprivado en esa que es el
numero 654046.
Esta reunion tuvo lugar unos dias después. Al presentarme a la cita me
encontréque mi interlocutor era el Sr. Lawrence M. Wright, Primer Secretario
de la Embajada de los Estados Unidos en Holanda.
El Sr. Wright me repitib fundamentalmente el mensaje del Sr. Miranda
en Miami.
Me hablo del interésen Washington por reunirse conmigo y tratar asuntos
relacionados con eljuicio ante la Corte Internacional de Justicia. Esta demanda
era acompafiada de las ya repetidas amenazas contra mis Familiaresen Estados
Unidos y particularrnente en contra de mi hermano, junto con los oftecimientos
de que podia conseguirme Io que yo deseara.
Esta entrevista con un alto funcionario de la Enibajada de los Estados Unidos,

acreditado ante el Reino de los Paises Bajos y cuya identidad no era. por trtnto,
independientemente conocida, no dejaba duda que las amenazas y ofertas
inmorales provenian del propio Gobierno de los Estacios Unidos, es decir, de
nuestra contraparte en eljuicio ante la Corte Internacional de Justicia.
Lo delicado de la situacion, tanto a nive1de riesgopersonal y de mis familiares,
asi como por elevidente interésencrear condiciones para un eventual desprestigio
del cualquier fallo emitido por la Corte Internacional, me Ilevlia tratar de ganar
tiempo aceptando una futura reunibn fuera de La Haya, en fecha a determirnarse
con posterioridad y en la cual se pretendia estarian las personas que en
Washington querian hablar conmigo.
Desde esa fecha, hasta mi regreso a Nicaragua en marzo, recibi diferentes
mensajes, tanto del Sr. Wright como de la Srta. Hansen, urgiendo una siguiente
reunion. Todos estos Ilarnados los posponia alegando distintos inconvenientes
para. lograr tiempo dc regresar a Nicaragua en forma normal y sin levantar
sospeçhas previas.

Estos Ultimos desarrollos aqui descritos, ponen en evidencia un claro interés
del Gobierno de los Estados Unidos de intluir O de desprestigiar cualquier fallo
de la Corte Internacionai de Justicia? por medio de la amenaza y el chantzue.
Los pongo en su conocimiento para que el Gobierno de Nicaragua tome las
medidas del caso.

165. THE AGENTOF THEREPUBLICOF NICARACiUATOTHE KEGISTRAR

Il April 1986.

1refer to the case concerninAfilituryund PurrrmilitoryActivitics inandagainsi
Nicaragua (Nicaragua v. Unitcd States of Amrricu) in order to forward to the

Court a letter sent by the Minister of Foreign Afairs a.i. of Nicaragua in which
he describes a very delicrttesituation. CORRESPONDENCE 455

1take advantage of this note in order to request an interview with the President

of the Court for next Monday, April 21.

18 April 1986.

1have the honour to transmit to you herewith copies of the following docu-
ments, al1 of which were handed to me today by the Counsellor of the Embassy
of Nicaragua :

( 1)a fetter dated II April 1986addressed to me by the Agent of Nicaragua in
the case concerning Miiitury und Paramilitciry Acriviticsin and aguinst
Nicaragua ;
(2) a letter, likewisedated II April 1986,addressed ta me by the Acting Minister

for Foreign Affairs of Nicaragua and trünsmitted under cover of the
Agent's letter;
(3) a memorandum dated 24 March 1986 of which a copy was enclosed with
the letter of the Acting Minister and which was addressed by the Agent to
the Minister for Foreign Affairs of Nicaragua.

167. THE REGISTRAR 70 THE AGENT OF THE REPUnLIC OF NICARAGUA

1have the honour to acknowledge receipt of the following communications,
which were handed to me at 12.30p.m. on Friday 18April 1986by the Counsellor
of the Embassy of Nicaragua in The Hague :
(1) a letter dated 11 April 1986 which you have addressed to me and which

transmits
(2) a letter from the Acting Minister for Foreign Afairs of Nicaragua, likewise
dated 11April 1986and addressed to me, to which is annexed
(3) a çopy of a memorandum dated 24 March 1986which you addressed to the
Minister for Foreign Affairs of Nicaragua.

A copy of each of these documents has been supplied to the other Party in
the case concerning Militury and Pammilitary Activities inund uguitlsNicaragiiu.
1am further to inform you that, having considered your request, the President
of the Court is prepared to receive you at 3.30 p.m. today, Monday SI April.

168. THE REGISTRARTO THE MlNISTER FORFOREIGNAFFAIRSOFTHE NETHERLANDS

22 April 1986

With reference to the exchange of letters dated 26 June 1946 between the
Government of the Netherlands and the International Court of Justice, constituting
an agreement in respect ofthe privilegeç,immunities and Fdcilitiesoecessary for
the functioning of the Court, 1 have the honour, with the concurrence of the456 MILlTARY AND PARAMILITARYACTlVITlES

President of the Court, to transmit for the consideration of Your Excellencycopies
of the following communications, al1 of which were handed to me on Friday
18April 1986on behalf of the Agent of Nicaragua before the Court in the pending
case concerning Military and PururnilitnryActivities in andogainsf Nicarcrg~ll:

(1) a letter dated II April 1986and addressed to me by the Agent in question ;
(2) a letter of the same date, transrnitted by the first, and addressed to me by
the Minister for Foreign Affairs a.i. of Nicaragua; to this is annexe-
(3) a mernorandum dated 26 March 1986 and addressed by the Agent to the
Minister for Foreign AFdirs of Nicaragua.

ln transmitting these communications, 1venture to draw attention to Article42
of the Statute of the Court, paragraph 3 of which provides that "The agents.
counsel and advocates of parties before the Court shall enjoy the privileges and
inimunities necessary to the independent exercise of their duties", to General
Assembly resolution 90 (1) of I1 December 1946, recommending in para-
graph 5 (ri) (i) that such agents, counsel and advocates "should be accorded,
during the period of their missions ...the privileges and immunities provided

for in ArticlelV, sections1 1, 12 and 13of the Convention on the privileges and
immunities of the United Nations under the conditions of Article IV, Section 15,
of that Convention" (~1.v.)and, more specificaliy, point V of the General
Principles established by the above-mentioned exchange of letters, whereby in
particular "the agents. counselaritl advocates of the parties" to cases before the
Court "shall be accorded such privileges, immunities and Facilitiesfor residence
and travel as may be required for the independent exercise of their fiinctions".
For your information 1should mention that copies of the three documents
concerned have been communicated to the United States of America. the other
Party in the case, in accordance with the usual practice.

169. THEREGISTRAR 70 THE AGENTOFTHEREPUR1,ICOF NICARAGUA

22 April 1986.

1have the honour to inform Your Excellency that. following your interview
of 21 April 1986with the President of the Court, 1transmitted to the Minister
for Foreign Affairs of the Netherlünds copies of the three communications
handed to me on your behalf on 18April.
The documents in question were sent to the Minister under cover of a letter
of today's date, a copy of which 1have the honour to enclose.

170. THE REGISTRARTU THEDEPUTY-AGENTOF THEUNITED STATES OPAMERlCA

23 April 1986

With reference to my transmission to yotion 18 April 1986 of documents
handed to me that day on behalf of the Agent of Nicaragua in the caseconcerning
Mifitury und PararnilitciryActivitirin rinduguin.stNicr~ragziu, have the honoiir
to transmit to you herewith a copy of a letter which 1 addressed yesterday
22 April to the Minister for Foreign A%iirs of the Netherlands together with
copies of the same documents. CORRESPONDENCE

(Facsinzile)

5 May 1986.

This is to inform you that the Permanent Representntive of Nicaragua has
brought a letter of the acting foreign rninister ofNicaragua to Secretary of State

Shultz to the attention of the Secretary-General. The letter to the Secretary of
State Shultz cornplains about alleged acts of threat, intimidation and coercion
against the Agent of Nicaragua before the Court both on the territory of the
United States and by US agents inthe Netherlands. The request was to circulate
the letter as an officia1document of the 40th Session of the General Assembly
under Agenda Item 21 and of the SecurityCouncil. Please find inthe attachment
the copy of the respectivedocuments.

Letter Dated 30 April1986 frotn the Permunent Hepresentutive of Nicaraguu tci
the United Nations Addressetl fo the Secretary-General

1 have the honour to transmit to you herewith the text of the communication
dated 22 April 1986addressed to His Excellency Mr. George Shultz, Secretary
of State of the United Statesof America, by His ExcellencyVictor Hugo Tinoco,
Acting Minister for Foreign Affairs of the Republic of Nicaragua.

"His ExcellencyMr. George Shultz
Secretary of Stateof the United States of America

Sir:
I am writing to you with reference to the serious acts of intimidation,
coercion, threatsand attempted bribery that various officialsof the United
States Government have sought to commit against Dr. Carlos Argüello,
Agent and Counsel of Nicaragua in the proceedings instituted by the
Government of Nicaragua against the Government of the United States of
America before the International Court of Justice in respectof military and
paramilitary activities in and against Nicaragua.
These acts, which involve threats to the family of Our Agent, were corn-
mitted by individuals who identified themselves to Dr. Argüello as FBI
agents, during a family visit he made to Miami. Similarly, Dr. Argüello,
who also acts as Ambassador of Nicaragua to the Netherlands, was

approached in that country, for the same purposes, by officialsof the United
States Embassy in the Netherlands. specificallyby Mr. Lawrence M. Wright
and Miss Nikki L. Hansen, First Secretary and Commercial Officer respec-
tively of thatiplomatic mission.
The Government of Nicaragua wishes to lodge a strong forma1 brotest
against these acts, which are intended to intimidate the persons designated
by Nicaragua to handle Ourcase against the United States before the Court,
and to influence and discredit the cause of justice, representedn this great458 MIIJTARY AND PARAMILITARYACTIVITIES

world tribunal established by the peoples of the United Nations. These acts
show very clearly that the representatives ofNicaragua, counsel and advo-
cates before the International Court of Justice. are being threatened, directly

or indirectly, by the United States Government,
The Government of Nicaragua has informed the International Court of
Justiceof the situation, requesting that al1necessarysteps be taken to ensure
that the agents, counselsand advocates of Nicaragua perform their functions
independently in accordance with Article 42, paragraph 3, of the Statuteof
the Court.
In view of these immoral and illegal acts aimed at attering, by means of
threats, blackmail and theoffering ofbribes, the course of the proceedings
instituted by Nicaragua before the Court, the Government of Nicaragua
urges the United StatesGovernment to ceasethese acts, which are incompa-
tible with morality, international law and the conduct which States should
observe in their relations with each other and in the institutions established
by the nations in order to ensure that law and justice prevail, over force,
threats and blackmail without interference of any kind. Similarly. the
Government of Nicaragua holdç the United States Administration respon-

sible for any eventual attacks on the livesor physical and moral integrity of
the Agent of Nicaragua and his family.
Accept, Sir. the assurances of my highest consideration.

(Signed) Victor Hugo Ti~oco,
Acting Minister for Foreign Affairs."

1 should be grateful if you would have this letter circulated as an official
document of the forticth sessionof the General Assembly,underagenda item 21,
and of the Security Council.

(Signed) Nora ASTORGA.

Ambassador,
Permanent Representative.

Lettre datéed1130 avril 1986,adressteuzr Secrktaire général

par le représentutltpermunent du Nicaragua uuprts de I'Orguni~ation
clesNutions Unies

J'ai I'honneur de vous transmettre le texte de la communication datée du
22 avril 1986que M. Victor Hugo Tinoco, vice-ministredes relations extérieures
de la Républiquedu Nicaragua, a adresséea M. George Shuitz, secrétaired'Etat
des Etats-Unis d'Amérique.

«S. Exc. M. George Shultz
Secrétaired'Etat des Etats-Unis d'Amérique
Monsieur le Secrétaire d'Etat,

J'aiI'honneurdemeréférea rux gravesactesd'intimidation etdecoercition,
aux menaceset aux tentatives decorruption dont sesont rendiis responsables CORRESPONDENCE 459

divers fonctionnaires du Gouvernement des Etats-Unis à l'encontre de
M. Carlos Argüello, représentant et conseiller du Nicaragua, en ce qui
concerne la plainte déposéepar le Gouvernement nicaraguayen contre le
Gouvernement des Etats-Unis d'Amériquedevant la Cour internationale de
Justice au sujet des activitésmilitaires et paramilitaires menéescontre le
Nicaragua.
Des individus,qui se sont présenti.M. Argüello comme agents du FBI,
ont menacé sa famille alors qu'elle se rendait i Miami. De même,
M. Argüello, qui remplit aussi les fonctions d'ambassadeur du Nicaragua
aux Pays-Bas, a étéabordé dans le mêmebut, dans ce pays, par des

fonctionnaires de l'ambassade des Etats-Unis aux Pays-Bas; il s'agissait
de M. Lawrence M. Wright et de M"' Nikki L. Hansen, respectivement
premier secrétaireet attachécommercial de la mission diplomatique ame-
ricaine.
Le Gouvernement nicaraguayen s'élèveformellement et énergiquement
contre cesactes destinésintimider lespersonnes désignéesar leNicaragua
pour suivrela procédurequ'il aengagéecontre votre pays devant la Cour,
et à influencer etdiscréditerlecours de lajustice, qu'incarne ce haut tribunal
universel créépar les peuples des Nations Unies. Ces actes prouvent de
toute évidenceque les représentantsdu Nicaragua, sesconseilset sesavocats
devant la Cour internationale de Justice sont menacés,directement ou
indirectement, par le Gouvernement des Etats-Unis.
Le Gouvernement nicaraguayen a informéla Cour de ces faits, et lui a
demandéd'adopter toutes les mesures nécessairespour garantir l'exercice
indépendant des fonctions des agents, conseils et avocats du Nicaragua,
conformément au paragraphe 3 de l'article42 du Statut de la Cour.
Le Gouvernement nicaraguayen, devant ces actes immoraux et illégaux

destinés à fausser, par la menace, le chantage et l'offre de pots-de-vin, la
procédure qu'ila engagéedevant la Cour, lance un appel énergiqueau
Gouvernement desEtats-Unis pour qu'il metteun termea cesactescontraires
à la morale, au droit international et aux règlesde conduite que doivent
observer les Etats dans leurs relations entre eux et avec les instiiutions que
les nations ont mises enplace pour que prévalent,sans ingérenced'aucune
sorte, le droit et la justice contre la force, la menace et le chantage. Le
Gouvernement nicaraguayen tiendra aussi le Gouvernement des Etats-Unis
pour responsable des éventuelsattentats contre la vie ou l'intphysique
et morale dont le représentantdu Nicaragua et sa famille pourraient être
victimes.
Veuillez agréer, Monsieur le Secrétaired'Etat, les assurances de ma
considération.

(Signé)Victor Hugo TINOCO,
vice-ministredes relations extérieures."

Je vous serais obligéde bien vouloir faire distribuer le texte de la présente

lettre comme document officielde l'Assembléegénéralea,u titre du point 21 de
l'ordre du jour de sa quarantièmesession, et du Conseil de sécurité.
L'ambassadrice,
représentantepermanente,

(SignéN )ora ASTORGA.460 MI1,ITARYAND PAKAMILITARYACTIVITiES

172, THE AMBASSAUOR OF THE UNITED STATESOF AMERICA TO THE NETHERLANDSTO
THEPRESIDENT

9 May 1986.

I refer ta the Ietter of the Registrar dated April 18, transmitting copies of
communications from the Government of Nicaragua alleging that agents or
employees of the United States had threatened Ambassador Carlos Argüello

Gomez, Nicaragua's Agent before theCourt. The United States Government
has carefully looked into these allegations.
1have been authorized to state categorically that no agent or employee of the
United States Government has in any way threatened Ambassador Argüello or
his relatives.

173.THE KEGISTRARTO THE AGENTOF THE RIiPURLICOFNICARAGUA

9 May 1986.

1have the honour to transmit ta Your Excellencyherewith a copy of a letter
of today's date which the Ambassador of the United States of America to the
Netherlands has addressed to the President of the Court.
Another copy isbeing sent to the Minister for IToreignAffairs of the Nether-
lands.

174.THE MINiSTERFORFOREIGNAFFAIRSOF THENETHERLANDSTO THEKEGlSTKAR

4 June 1986.

Coinplaintby Nicumgurin Agent

1 herewith acknowledge receipt of your letter of 22 April 1986,No. 75880,on
the subject referred to above. Careful consideration has been given to the
issues involved.

On the basis of the documentation transmitted by you and after enquiry, 1
conclude that no cause exists for further action on the part of the Government
of the Netherlands.

(Signed) Hans VAN DEN BROEK.

10June 1986.

Please find herein facsimiledletter dat5dJune 1986from the United States
Mission transmitting a Note from the United States Embassy in Managua CORRESPONDENCE 461

addressed to the Ministry of Exterior of the Republic of Nicaragua. The Note
is a reply to a letter sent by the Nicaraguan acting minister for foreign affairs to
the Secretary of State which was issued as a UN document A/40/1110-S/18044,

copies of which were sent to you on 5 May 1986.

5 June 1986.

Dr. Carl-August Fleischhauer
Under Secretary-General

The Legal Counsel
The United Nations
United Nations, New York 10017

Dear Dr. Fleischhaue:
As you willrecall, the Permanent Representative of Nicaragua circulated as a
United Nations Document a letter sent by the Acting Minister for Foreign

Afdirs to Secretary of State Sh(UNz doc. A/40/1110, S/18044).
The United States has responded to that letter by a Note from the Embassy
of the United States of Americain Managua, Nicaragua, addressed to the
Ministry of Exterior of the Republic of NicaraguA. copy of the note is
attached for your information.

(Signed)Robert ROSENSTOCK,
Adviser, Legal Affairs.

NOTE DATED MAY15, 1986, FROM THEEMBASS OF THE UNITED STATE SF
AMERIC N MANAGUA, NICARAGUA A, DRESSE DO THEMINISTR YFEXTERIOR
OF THEREPUBLI CF NICARAGUA

The Embassy of the United States of America presents its compliments to the

Ministryof Exterior of the Republic of Nicaragua and has the honor to refer to
the Ministry's Note No. 017 dated April, 1986. That Note alleged that the
United States had threatened Nicaragua's Ambassador to the Netherlands and
agent before the International Court of Justice, Carlos Argüello Gomez.
The Government of the United States considers this allegation a calculated
effort to influence improperly the deliberations in which the International Court
of Justice is currently engaged. The Embassy States categorically, on behalf of
the United States Government, that no agent or employee of the United States
Government has in any way threatened Ambassador Argüello or his relatives.
The Embassy is constrained to note that neither the Ministry's note nor the
three documents provided by Nicaragua to the International Court of Justice on
April 18provide or assert any evidence supporting the allegation that there had
been such a threat. It appears from those documents that the Ministry is basing

its allegations solely on an alleged statement by employees of the United States462 MILITARY AND PARAMILITARY ACTIVITIES

that Ambassador Argüello "did not have to worry about the well-being of his
brother or that of his other relatives in the United States".
The Embassy must note that this alleged statement, which the Ministry
attempts to characterize üs a "threat", pales in çomparison with the ominous
conclusion to the Ministry's note that "the Government of Nicaragua holds the
United States Administration responsible for any eventual attacks on the lives
or physical and moral integrity ofthe Agnt of Nicaragua and his family". The
Ministry canbe assured that no threat to the livesor physical and moral integrity
of Ambassador Argüello or his family has been or will at any time be presented

by the Government of the United States, its agents or employees.
It is of equül interest that, by the Government of Nicaragua's own account of
the documents provided to the Court, the alleged contacts between employees of
the United States and Ambassador Argüello were not reported to Managua or,
apparently, to any of your country's leaders on their frequent travels to Western
Europe, for over seven monrhs after their alleged instigation. Nor, to our
knowledge, were any "threats" brought to the attention of the authorities of the
Netherlands during that period. It is evident, at a minimum, that Ambassador
Argüello did not during that period consider himself to be under any threat

either to his lifer physical or moral integrity. The Embassy can only speculüte
as to the motivations which induced him, or the Government of Nica-
ragua. to publicize these allegations at this time.
The Embassy urgs the Ministry to take appropriate steps to provide the same
wide distribution to its communications to the International Court of Justice as
it has to Note 017, in order that the Nicaraguan public and others to whom
that Note has been made available may be fully aware of the inadequate and
conclusory nature ofthe evidence supporting irs assertion that the United States
has threatened Ambassador Argüello and his family.

12June 1986.

I have the honour to inform yoii that the Court will hold a public sitting at
the Peace Palace at 9.30a.m. on Friday 27June 1986for the purpose of delivering
its Judgment on the Merits in the case concerning Militury und Pur~imilitur~
Activities iuritluguinst Nictrrugua,

177. TH6 REGISrRAK 1'0 THE DEPUTY-AGENT OFTHE UNITED STATES OF AMEKICA

27 June 1986.

1have the honour to transmit to you herewith an official signed copy of the
Judgment delivered by the Court today on the merits of the case concerning
Militurj und Purumilitury Activities in und uguinst Nicuruguu,

lA communicationinthe same termswas sentto the Agentof theRepubliçof Nicaragua. CORRESPONDENCE 463

The printed edition of the Judgment, which will beissued as soon as possible,

will, in addition to the original texts of the separate and dissenting opinions
inciuded in the present official copy, contain a translation of each opinion into
French or English as the case rnay be.

178. THE REGISTRAR TO THK SECRETARY-GENERAL OF TH6 UNITE11NATIONS

27 June 1986.

I have the honour to send you herewith, pursuant to Article 95, paragraph 3,
of the Rules of Court, 3 copies of the text produced by offset from typescript,
of the Judgment delivered today by the Court in the case concerning Mililary
and Purumilitary Activities in and aguinst Nicaragua (Nicamgtia v. UnifedStafes
ofAmericu). A printed copy will be sent to you as soon as available.

4juillet 1986.

te Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous ce pli, un exemplaire de l'arrêtrendu par la Cour le 27 juin 19862 en
I'aflaire des Activitks rnilituires et puramilituirrs au Nicuruguuet contre celui-ci
(Nicaragita c. Etuts-Utzisd'Amérique).
Il convient de noter que, pour que l'arrêtsoit rapidement disponible, les

opinions des juges jointes à celui-ci n'ont été reproduitesque dans la langue
originale (anglais oufran~ais).
D'autres exemplaires imprimés où figurera la traduction des opinions seront
expédiéspar la voie ordinaire des leur sortie de presse.

13July f986.

1have the honour to transmit to Your Excellency herewith a forma1 memor-
andum under the seal of the Court, correcting a clerical error in the French text
of the Judgment delivered on 27 June 1986 in the case concerning Mi/itary and
Par~~niifitarActivities in und aguinst Nicuruguu (Nicaragiduv. United States of
America). This memorandum should be attached to or kept with the sealed copy
of that Judgment transmitted to the Government of Nicaragua.

'Une communication analoguea été adresséeaux autres Etats admisi ester devant
la Cour.
'C.I.J. Recuei1986,p. 14.
3A communication in the same terms was sent to the Agent of the United States
of America. MILITARI'AND PARAMILITARYACTIVITIES

16juillet 1986.

La correction ci-aprèsd'une erreur matérielledans letexte français de l'arrêt
du 27juin 1986,en liaRairedes Acrivifésmilituireset paramilitaires au Nicaragua
et contre celui-ci,est autorisée:
Première page, troisième alinéadu sommaire, et page 15, lignes 7 et 20 du

paragraphe 33,lire "différendd'ordre juridique" au lieude "différendjuridique";
page 15,lignes 3 et 5 du paragraphe 33, et page 16,ligne 15 de cette page, lire
"différendsd'ordre juridique" au lieu de "différends juridiques".

181. THEREGISTRARTO THE AGENTOFTHEREPUBLIC OFNICARAGUA

7 May 1987.

1 have the honour to transmit to you herewith a formal memorandum under
the seal of the Court, correcting certain clerical errors in the officia1text of the
Judgment delivered on 27 June 1986 in the case concerning Milirary md
Puramilitary Activities in and uguinst Nicaraguu. This memorandum should be
attached to or kept with the sealed copy of that Judgment transmitted to your
Government.
1also enclose an erratum slip relating to the printed versioofthe Judgment.
This, you will observe, notes also a correction tn the French translation of a
dissenting opinion.

(Signed) Eduardo VALENCIA-OSPINA.

182. THEREGlSTRARTO THF, DEPUTY-AGENT OFTHE UNITED STATESOF AMERICA '

7 May 1987.

1have the honour to transmit to you herewith aformal memorandum under
the seal of the Court, correcting certain clerical errors in the official text of
the Judgment delivered on 27 June 1986 in the case concerning Military and
Purumilitary Activities in and agninst Nicaragua. 'Thismemorandum should be
attached to or kept with the sealed copyof that Judgment transmitted to your
Government.
I also enclose an erratum slip relating to the printed version of the Judgment.
This, you will observe, notes also a correction to the French translation of a
dissenting opinion.

'A communication in the same terms was sent to the Agent of the Republic of
Nicaragua. CORRESPONDENCE 465

7 September 1987.

1 have the honor to refer to the case concerning Milirury und Paramilitary
Actii-ities in und against Nicuraguu (Nicaragua v. United States of Americu).
In thejudgment of June 27, 1986,on the merits of this case, the Court decided

that the United States isunder an obligation to make reparation to the Republic
of Nicaragua for al1 injury caused to Nicaragua both by the breaches of obli-
gations under customary international law enumerated in the judgment, as
by the breaches of the Treaty of Friendship,Commerce and Navigation between
the parties signed at Managua on 21 January 1956.
In the operative provisions of the judgment, the Court:

"(15) by fourteen votes to one,
Decides that the form and amount of such reparation, failing agreement
between the Parties, will be settled by the Court, and reserves for this
purpose the subsequent procedure in the case."

Prior to the Court's decision, the United States had cornmunica~ed to the
Court by a letter dated 18 January 1985, that :". ..the United States intends
not to participate (sic) in any further proceedings in connection with this
case ...".
This clear staternent of position by the United States to the Court leaves no
room for doubt that the decision of that Government did not refer to the
procedures then in course, but to "any further proceedings".
Nicaragua isnot awareofthe Court having receivedany furthercommunication
from the United States that could indicate any change of its decision on this case.
Nonetheless, in accordance with the decision of the Court, Nicaragua sent a
communication to the United States on July 1986 expressing its willingness to
discuss the matter of reparation.
The reply of the United States was negative.
Nicaragua sent a second communication on May 12, 1987, to the United
States reiterating its willingness to meet in order to try to reach an agreement

on the amount of reparation it was owed.
The reply of the United States leavesno room for doubt that the United States
is not willing to reach an agreement with Nicaragua '.
This situation further evinces that the United States has not changed the
decision communicated to the Court in the letter cited above.
For purposes of procedure, Nicaragua would recall that in the finalsubmissions
it made in the merits phase of this case, itpleaded:

"Third: ... the Court is requested further to receive evidence and to
determine, in a subsequent phase of the present proceedings, the quantum
of damages to be açsessed as the compensation due to the Republic of
Nicaragua."
The Court accepted the request of Nicaragua, and very clearly stated in
paragraph 284of the judgment :

"The Court considers appropriate the request of Nicaragua for the nature

'A copy of the lettof May 12, 1987,as rnodified by note of June 20, 198isincluded
with an English translation.The reply of the United States of August 1, 1987, is also
included.466 MILITARYAND I'AKAMILITARYA(:TIVITIES

and amount of the reparation due to it to be determined in a subsequent
phase of the proceedings. While a certain amount of evidence has been
provided, for example, in the testimony of the Nicaraguan Minister of
Finance, of pecuniary loss sustained, this was based upon contentions as to

the responsibility of the United States which were more far reaching than
the conclusions at which the Court has been able to arrive. The opportunity
should be afforded Nicaragua to demonstrate and prove exactly what injury
was suffered as a result of each action of the United States which the Court
has found contrary to international law. Nor should it be overlooked that,
while the United States has çhosen not to appear or participate in the
present phase of the proceedings, Article53 of the Statute does not debar it
from appearing to present its arguments on the question of reparatio'n if
it so wishes.On the contrary, the principle of the equality of the parties
requires that it be given that opportunity."

Nicaragua considers that this case still remains squarely within Article 53 of
the Statute as invoked by Nicaragua in the merits phase of these proceedings
and that, therefore, this Article is stilloperation,
At the same time. Nicaragua wishes to take the opportunity afforded by the
Court, in the paragraph cited, in order to satisfy the Court that the nature and
amount of the reparütion it claims iswell founded in fact and law.
For this reason, Nicaragua wishes to initiate the next phase of the proceedings

and, therefore. requests that the Court or the President ife Court is not sitting.
to make the necessary orders for the conduction of the case and in partiçular
the time-limit within which Nicaragua should file its pleading.
As to the non-appearing party, the position of Nicaragua is that if the United
States does not communicate that it has changed its intention "not to participate
in any further proceedings in connection with this case", it should be accorded
the same treatment as in the previous phase on the merits. That is, the United
States should be given a short time-period in whish to file a counter-mernorial
with the proviso that it could be extended if it so requested.
This position of Nicaragua does not pretend to debar the United States from
appearing, in accordance with the Statute and Rules of Court, to present its
arguments on the question of reparation if it so wishes. Quite the contrary,

Nicaragua would welcome the appearance of the United States Government as
an indication of itsdecision to comply with its international commitments.

184. THF,DEPUTY-REGISTRARTO THE DEPUTY-AGENTOF THE UNITED STATES OF

AMERICA

16September 1987.

1 have the honour to transmit to you herewith a copy of a letter dated
7 September 1987whiçh I have totlay received from the Agent of Nicaragua in
the case concerning Military and PurunîilituryActivitirsin und~~guin.N sticuragtu~
(Nicarugua v. UnitcdSrates of Amc~rica).
In view of the fact that in this letter the Applicant invokes the Court's
Judgment of 27 June 1986 for the purpose of initiating a further phase in the
above case, and having regard to Article 48 of the Statute and Articles 31, 40
and 44 of the Rirlesof Court, 1 am to advise you that the Agents of the Parties
are expected to hold themselves in readiness for a meeting with the President of468 MlLITARYAND FARAMILITARYACTIVITIEÇ

ln view of the interest of these documents at the threshold of the further pro-
ceedings, 1venture to suggest that it is particularly important that tliese questions
be elucidated.
A copy of this letter will be comrnunicated to the Government of the

United States.

187. THEREGISTRARTO THE SECRETARYOFSTATEOFTHEUNITED STATESOF AMERICA

26 October 1987.

1have the honour to refer to the letter which the Deputy-Registrar addressed
to Your Excellencyon 16 Septernber 1987,with which was forwarded to you a
copy of a letter dated 7 September 1987 received from the Agent of Nicara-
gua in the case concerning Military and Paramilitury Actii~itie.~in and against
Nicaragua (Nicaragiru v. Unitrd States of Arnericoj, and a copy of a letter sent
by the Deputy-Registrar to Mr. Patrick M. Norton, Deputy-Agent of the United
States of America in that crise.1now have the honour to inform Your Excellency
that the President of the Court requests the Agents of the Parties toeet him
on Tuesday 17 November 1987 at 10a.m. at the I'eace Palace in order that he
miiy ascertati he views of the Parties on questions of procedure, in accordance
with Article 31 of the Rules of Court, Without prejudice to the provisions of the
Statute and Rules regarding the appointment of an Agent, 1 am instructed to
inform you that should the Governrnent of the United States of America wish
to be otherwise represented at that meeting, the person designated will be

welcome to attend.

188. THEREGlSTRARTOTHEAGENTOFTHE REPUBLICOFNICARAGUA '

26 October 1987.

1have the honour to refer to the letter which the Deputy-Registrar addressed
to Your Excellency on 16 September 1987,acknowledging reçeipt of your letter
of 7 September 1987concerning the Judgment of 27 June 1986in the case con-
cerning Military und PurrimilitciryAciiuities in and against Nicuraguu (Nicara-
gua v. United States of America), in which the Deputy-Registrar referred to
a meeting to be held under Article 31 of the Rules of Court. 1 now have the
honour to inform Your Excellencythat the President of the Court requests the
Agents of the Parties tomeet him on Tuesday 17 November 1987at 10a.m. at
the Peace Palace in order that he may ascertain the views of the Parties on
questions of procedure, in accordance with that Article.
1enclose for your information a copy of a letter whic1have today addressed
to the United States Secretary of State in this connection.

A communication in thesameterms was sent to the Deputy-Agent of the United States
of America. CORRESPONDENCE 469

13November 1987.

1 have the honor to refer to your letter of 26 October 1987 concerning the
scheduling of further pleadings in the case of Nicaragua v. United S~iatesof
Americu.
The United States remains of the view,for the reasons given inits written and
oral pleadings at thejurisdictional phase of the aforementioned case and as set
forth in Our letter to the Court of 18 January 1985,that the Court is without
jurisdiction to entertain the dispute, and that the Nicaraguan Application of
9 April 1984is inadmissible. Accordingly, 1wish to inform you that the United
States Government will not be represented at the meeting sçheduled for
17November 1987.

17November 1987

1have the honour to transmit to Your Excellencyherewith a copy of aletter
from the Deputy-Agent of the United States of America, dated 13 November
1987and received in the Registry yesterday.

191. THE REGISTRARTOTHEDEPUTY-AGENT OF THE UNlTED STATESOF AMERICA '

18 November 1987.

Further to my letter of yesterday'sdate, 1have the honour to inform you that
by an Order adopted today, the sealed copy of which is enclosed, the Court
decided to fixthe following time-limits for plertdings on the question of the
form and amount of reparation to be made in the case concerning Militury und
ParanriliraryActivitiesin und against Nicuruguti (Nicarqua v. Unite Sdrales of
America) :

for the Mernorial of Nicaragua: 29 March 1988
for the Counter-Memorial of the United States: 29 July 1988.

21 December 1987.

1 have the honour to send you herewith printed copies of the Order made by

'A communicationin thesametermswassentto the Agent of thRepublicof Nicaragua.
ZA communicationin the same terms was sentto theAgent of the UnitedStatesof
Am'SecaI.C.JReports 1987p. 188.470 MILITARYAND PARAMILITARYACTIVITIES

the Court on 18 November 1987fixingtime-limits for pleadings on the question
of the form and amount of reparation to be made in the case concerning Militury
and Paramilitury Activities in anduguinst Nicurugua (Nicurugiruv. UtzitcdS~ates
of Americu) .

21 December 1987.

1 have the honour to send you herewith printed copies of the Order made by
the Court on 18November 1987 fixing time-iimits for pleadings on the question
of the form and amount of reparation to be made in the case concerning Militury

and PururnilituryActivities iizund uguinst Nicaragua (Nimrugilu v. United States
of Aniericuj .

194. LEGREFFIERAU MINISTRE DES AFFAIRESÉTANGÈRESD'AFGHANISTAN '

21 décembre 1987.

Le Greffier de la Cour internationale de Justice a l'honneur de transmettre,
sous ce pli, un exemplaire du texte impriméde l'ordonnance du 18 novembre

19872 par laquelle la Cour a fixédes délais pour ka procédure écrite sur la
question des formes et du montant de la réparation due en l'affaire des Acticitks
tnilituires ct parainiliraires au Nicuruguet contre celui-ci (Niruruguu c. Etuts-
Unisd'dniériqtrej.

195. THE AGENTOFTHEREPUbLlCOF NICARAGUATOTHEREGISTRAR

29 March 1988.

1 have the honour ta certify, pursuant to Articles 50, paragraph 1, and 51,
paragraph 2, of the Rules of Court, that the documents reproduced asannexes
to the Memorial on Compensation filed today by the Republic of Nicaragua in
the case conçerning Militury und P~irurniliturActivities in uizrluguinsi Nicurugguu
(Nicuruguav. United Siatcs ofArrrerica)are true copies of the original documents,
and that the translations of Spanish original texts included among those annexes
are accurate.

29 March 1988.

1 have the honour to refer to the Order made by the Court on 18November

laCour.communication analogue a été adressé aex autres Etatsadmis a ester devant
C.1.J. RecueiIYX7,p. 188. CORRESPONDENCE 471

1987 in the case concerning Miliiary and Paramilitury Activities in and ugainst

Nicaragua (Nicaragua v. United States of Americu), anto inform you that the
Memorial of Nicaragua, on the question of the form and amount of reparation
to be made in the case, contemplated by that Order was filed in the Registry
today, within the time-limit fixeby the Order. 1have the honour further to
transmit to you herewith acopy of the Memorial signed by the Agent of Nica-
ragua, constituting the certifiedcopy required by Article 52,paragraph 1, of the
Rules of Court, and a copy of a certificatesupplied by the Agent to comply with
Articles50, paragraph 1,and 51, paragraph 2, of the Rules of Court.

197. THEREC;ISTRART0 THEAGENTOFTHEREPUBLICOF NICARAGUA

30 March 1988.

1 have the honour to acknowledge reçeipt of the Memorial on Compensation
in the case concerning Milifury and Pur~militaryActivities in and against Nicu-
ruguu (Niccirugu~i. United Siates of Arnerica), filedby the Government of Nica-
ragua yesterday, within the time-limit fixed by the Court's Order of 18 No-
vember 1987,together with a further signed copy for transmission to the other
Party and 125plain copies.

1have the honour further to acknowledge receipt of the documents described
on the list enclosed,which 1understand have beendeposited by the Government
of Nicaragua in the Registry pursuant to Article 50, paragraph 2, of the Rules
of Court.

LIST OFMATERIAD LSPOSITE WITH THE COURT

1. United Nations Economic Commission for Latin Ame~icaand the Carib-
bean (ECLAC), Annual Reports on Nicaragua.
1.1 1987

1.2 1986
1.3 1985
1.4 1984
1.5 1983
1.6 1982
1.7 1981
1.8 1980

2. Interamerican Development Bank (IDB), Injbrme &contimicaNicaragua
(1983).
3. U.S. Congress, Report of the Congressional Committee on, The Irun-Contra
Affuir (November 1987).
4. U.S. Presidency, Report of the President's Special ReviewBoard, "Tow~r
Commission Report" (February 26, 1987).
5. Dossier, Prutique du Conscil de sirurilé des Nuticins Unies en matière
d'évalzrutide dommuges.472 MILITARYAND I'ARAMILITARYACTIVITIES

198. THE DEPUTY-REGlSTRAR TO THE AGENT OF THE REPUBLIC OF NICARAGUA

1August 1988.

1have the honour to inform Your Excellency that the time-limitof 29 July
1988fixedby the Court's Order of 18November 1987for the filingby the United

States of America of a Counter-Memorial on the question of the form and
amount of reparation to be made in the case concerning Military and Purainili-
tary Activities in and against Nicuragua has elapsed without the receipt of such
pleading in the Registry.

199. THE DEPUTY-REGISTRARTO THE DEPUTY-AGENT OF THE UNITED STATESOF
AMERICA

1August 1988.

1have the honour to enclose a copy of a letter which I have today addressed
to the Agent of Nicaragua in the case concerning Militciry and Paruniilitary
Activities iund ciguinsNicuraguu.

200. THE REGlSTRARTO THE DEPUTY-AGENT OF THE UNITED STATESOF AMERlCA '

14 June 1989.

1have the honour to inform you that, pursuant to Article 31 of the Rules of
Court. the President of the Court wiil hold a meeting with the Agents of the
Parties in thecase concerning Militury und Puramilitary Activities in and agairist

Nicaragua (Nicuragua v.UnitedStates of Americu) on Thursday 13July 1989at
11.O0am., to discuss the further procedure in the case.

201, THE AMBASSADOR OFTHE UNlTED STATES OFAMERlCA IN THE HAGUE TO THE
I<EGISTRAR

1have the honor to transmit the enclosed letter in response to your letter of
14June 1989concerning further procedure in the case Nicaragua brought against
the U.S. in 1984.

(Signedj C. Howard WILKINS.

'A communicationin the sameterms wassentto thAgent of the Republic of Nicaragua. CORRESPONDENCE 473

1 have the honor to relèr to your letter of 14 June 1989concerning further

procedure in the case Nicaragua brought against the United States of America
in 1984.
The United States rernains of the view, for the reasons given in its written and
oral pleadings at the jurisdictional phase of the aforementioned case and as set
forth in its letter to the Court of 18 January 1985, that the Court is without
jurisdiction to entertain the dispute, and that the Nicaraguan Application of
9 April 1984 isinadmissible.
Furthermore, the United States notes that the Government of Nicaragua had
recourse to the procedure set out in Article4 (2) of the United Nations Charter
on two occasions inconnection with this caseon July 31, 1986,and on October 28,

1986.The Seçurity Council declined to give effectto Nicaragua's requests.
In recent months considerable progress has been made to bring the crisis in
Central America to a peaceful conclusion in accordance with the Esquipulas II
Accords. Further proceedings in the subject case will continue to complicate
those ongoing efforts and willtend to interferewith the acceptance ofconstructive,
practical steps by the parties.
Accordingly, 1 must inform you that the United States Government will not
be represented at the meeting scheduled for 13July 1989.

(SignellJ Abraham D. SOFAER.

202. THEREGISTRAR TO THE AGENT OFTHE REPUBLIC OF NICARAGUA

1 February 1990.

1 have the honour to refer to the Memorial on Compensation filed by the
Government of Nicaragua in the case concerning Military und Paramilitary
Acrivities iund ~rguinstNicuragua {Nicarr~guuv. UniredStates c.Arnericu), and
to invite Your Excellency'sattention to the following queries.

In paragraph 99 of the Memorial there appears to be an arithmetical error.
The claimed total "Physical Damages to Capital" in the table on page 9 of
Annex I.2b is US3195.8million; deducting the US$4.5 million for 1980181leaves
US191.3 million. If the figure in the same table for "Damage to Goods"
(1982-1987) of US$25.8 million is added to this, the total is US$217.1million.
Deduction of the US$6.6 million for the "Specific üttacks" leaves US$210.5
million; but the net figure in paragrüph 99 for "Physical Damages" is given as
US$210.4 million. 1sthis an error, or is there another explanation?
On pages lll-112L, paragraph 287' reference is made to a World Bank
publication entitled "Nicaragua - The Challenge of Reconstruction". stated to
have been deposited with the Court. 1 am however unable to trace that this

publication was so deposited. and should be gratefùl if you could make a copy
available. It might also be useful if at the sarne time you would supply a copy
of the publication mentioned on page 112 (para. 289) of the Memorial, entitled
"Econornic Policy Guidelines 1983-1988".
In line 3 of paragraph 344of the Memorial, should the reference to Annex 1.2
be to Annex 1V.ZS?
Annex IV.4 to the Memorial appears to be incomplete (both in Spanish and
in English), It announces the inclusion of "alternative scenarios for the period474 MlLITAKYAND PARAMILITARYAC'TIVITIES

1988-1990", but only givesthe first of these; and it refers to "Tables 111 of
the Appendix I", which are not inciuded. Can a completecopy of the document
be supplied,please?
In Annex 111.8,page 8, çalculations of losseson meat exports are stated to be
based on 37 per cent ofthe total value of exported meat, but the notes to table
No. 5 on the following page refer to 47 pet cent of total sales. 1s this an error,
and if so which is the correct figure?
There are sorne arithmetical discrepancies between the totals given in
Annex V1.1, table1,and the figures givenfor the same items in the first part of

table2 in Annex VI.2; and the "Net Present Value" of "Total Loss of Economic
Development Potential" in that table appears to sum to 4,102.40 horizontally
and 4,102.50 verticülly.This is probably the effectof rounding offthe çalculations
to the nearest 0.1 million, but the figures should perhaps be verified.
May 1also remind Your Excellencyof the points brought to your attention
by my letter of 28 June 1989?

203. THE REGISTRARTO THE DEPU'TY-AGENT OPTHEUNITED STATESOF AMERICA

5 March 1990.

1 have the honour to inform you that on 2 March 1990the President of the
Court receivedthe Agent of Nicaragua in the case concerning Militnry und Pura-

military Activiriesin and uguinst Nicuragua (Nicuraguu v. United States O{
Americu), and made the following statement to him:
"The Court has taken note of the question raised in the Memorial of
Nicaragua on Compensation in this case,paragraph 459, whether Nicaragua

could be givensome indications by the Court 'as to the particular issues of
law on which the deliberations of the Court were likely to focus or issues
of fact which the Court wishes to explore or to explore further'. In this
connection, Nicaragua has drawn attention to the provisions of Articles 61
and 62 of the Rules of Court. Nicaragua went on in its Memoriato observe
that 'an indication sufficientlyinance of the openingof the oral hearings
would be of partiçular assistance'to it.
The Court has given carefui consideration to this question, and has corne
to the conclusion that at the present stage of the proceedings it would not

be appropriate for it to exercisech powers as the Rules confer upon it in
this respect. At the hearings, it to be expected that either the Court or
individual Members of it will make full use of the power to put questions
tothe Agents. counsel and advncates of Nicaragua."

204. LE SECRETAIREDE L'ASSEMR NATElENALE WE LA REPUBLIQUEDU NICARAGUA
AU GREFFIER

Managua, 10de abril de 1990.

Tengo el honor de dirigirme a Usted para remitirle "ley dprotection de los
derechos de Nicaragua en el marco de la corte internacional de justicia"',

Spanish textnotreproduced CORRESPONDENCG 475

aprobada por la Asamblea Nacional de la Republica de Nicaragua, en Sesion
Plenaria el cinco de abri1 del corriente afio.
Consideramos que es de gran importancia esta ley para el pueblo nicaraguense,
en losactuales momentos en que esta pendiente la ejecuci6n de la sentencia de la
Corte Internacional de Justicia de la Haya, para asegurar su cumplimiento a
cabalidad.
Por estemedio, lesolicitamossu arnable gestion para que el iirgano parlamenta-

rio que Usted tan dignümente preside, conozca y apoye esta ley trascendental
aprobada por nuestra Asltmblea Nacional.

(Signed) Rafael SOLISCERDA.

(Translation)

ACTNO. 92
THEPRESIDEN OTPTHE REPUBLIC OF NICARAGUA

Makes it known to the people of Nicaragua that :

WHEREAS:

The Republic of Nicaragua has been the target of military and paramilitary
activities encouraged,financed, organized, directed and executed by the United
States of America.

In order to defend itself against those unlawful activities, Nicaragua referred
the matter to the International Court of Justice in its capücity of the highest
judicial organ at international level, which, in its historic Judgment 27 June
1986, found in favour of Nicaragua's arguments and decided that the United

States of America was under an obligation to make reparation to it for al1injury
caused by the military and paramilitary activities condemned by that illustrious
judicial body.

III

The Government of the Republic is fundamentally obligated to defend the
rights of Nicaragua, particularly in relation to the obtainingof whatever sufficient
reparation the Intern~itional Court of Justice may defin- a reparation which
constitutes aninalienable heritage of al1Nicaraguans who have been, in one way
or another, the victims of the unlawfulpolicies condemned by the International
Court of Justice.476 MILITARYAND PARAMILITARYACTIVITIES

That reparation should be used for the reconstruction of Nicaragua and to
give to war victims such assistance as will enable them to live with dignity, to
solve the problems arising from the injury they have sustained and to guarantee
a future to their children and to other Fdmilymembers.

Since that reparation isthe national heritage of Nicaragua, it may not be the
subject of any alienation or secret negotiation, nor may it be of an amount lower
than that claimed by Nicaragua or that whichmay be determined by the Inter-
national Court of Justice in due course;
And as the International Court of Justice, the principal judicial organ of
the United Nations, plays a very important part in the efforts made to establish
peace and international security, and provides an essential means of attaining
the peaceful settlement of disputes between States.

The assembly has, in the exercise of its powers,

PASSED

The

ACT PROTECTING THE RIGNTS OFNICARAGUA WITHIN THE
FRAMEWORK OF THEINTERNATIONAL COURT OFJUSTICE
of which the tenor is as follows:

Art. 1 :The Government of Nicaragua, relying upon Articles 1, 3, 4 and 92
of the Constitution of the Republic of Nicaragua, shall continue the
proceedings brought against the United States of America before the
International Court of Justice, until the delivery of the definitivedg-
ment which that illustrious judicialbody is to give inrespect ofthe form
and amount of reparation to be made by the United States to Nicaragua
in accordance with theJudgment of 27June 1986,includingthe execution
of that Judgment before the competent tribunals.
Art. 2: The Government shall be able to desist from that action if the United
States agrees to make voluntary reparation to Nicaragua: to an extent
which shallnot in any event be less than the sum claimed by Nicaragua
in its Memorial of 29 March 1988, expressed in terms of the equiva-
lent in value on the date of effective payment. The decision to desist
should, in any event, be implemented through the medium of a treaty
to be approved by the National Assembly.

Art. 3: The reparation payable by the United States to Nicaragua is the
inalienable heritage of al1Nicaraguans and shall be used to compensate
injuries occasioned by the war, to compensate victims and members of
their families; to bring about the material developrnent of the country,
to promote the struggle against an inherited situation of backwardness
and subordination; to improve the livingconditions of the people; and
to bring aboutan increasinglyfairer distribution of wealth, in accordance
with the provisions of Articles 56, 62, 63, 64 and 98 of the Political
Constitution of the Nation.
Art. 4: The rights towhich Nicaragua has laid daim beîore the International CORRESPONDENCE 477

Court of Justice together constitute the inalienable heritage of al1
Nicaraguans, so that any acts effected and agreements entered into by
officiaisof the Government, which may have the effect of reducing the
amount of reparation or which may, by any means, lead to an abandon-
ment of the claim to that reparation or to its non-payment, shall be
considered to be prejudicial to Nicaragua's right to economic and social
development and, for that reason, to bealitomatically nul1and void.
Art. 5: With a viewto ensuring an optimal defenceof Nicaragua's interests, and
the continuation of the judicial proceedings until such time as they are
officially terminated, the President of the Republic shall appoint our
country's Agent and Co-Agent to the International Court of Justice;

they must be qualified persons with a perfect knowledgeof the Court's
case-law and experienced indealing with it.
Art. 6: Special funds shall be assigned to the pursuit of those proceedings.
The ExecutivePower, through the intermediary of the Finance Mini-
stry, shall make an allocation to the corresponding Chapter of the
General Budget of the Republic for 1990 and to future budgets, by

means of provisions in the Finance Act for each year.
The Foreign Anairs Commission of the National Assembly is, in
accordance with the General Statute and Rules of Procedure of that
Assembly, authorized to monitor the proceedings in the case and, in
co-ordination with the Executive Power,to keep the General Assembly
informed of developments.
Art. 7: The present Açt is mandatory; it shall enter into force on the date of its

publication in anyorgan of social communication, without prejudice to
its subsequent publication in the officialjournal, La Gozefa.
Done in the Assembly Hall of the National Assernbly,on 5 May in the year
1990." YEAR OF PEACE AND RECONSTRUCTION."

Carlos NUNEZ TELLEZ,

President of the National Assembly.

Rahel SOLECERDA,
Secretary of the National Assembly.

We accordingly give this Act the status of the law of the land, and order its

publication and implementation. Managua, 6 April in the year 1990. " YEAR
OF PEACE AND RECONSTRUCTION."

Danie1ORTEGA SAAVEDRA,
President of the Republic.

205. THE REGISTRAR TO THE AGENTOF THE REPUBLICOF NICARAGUA '

15June 1990.

I have the honour to inform Your Excellencyth;it the President of the Court

'Spanishtextnot reproduced.478 MILITARYAND F'ARAMILITARY ACTIVITIES

wishes to ascertain. pursuant to Article 31 of the Rules of Court, the views of
the Parties to the case concerning Mtlitary anri PururnilituryAciii'ities iund
aguinst Nicriruguri(Niruraguu v. Unitcd Siaies ofAmericu) on the date to be
fixed for the opening of the oral proceedings on the question of reparation. The
case has been ready for hearing, in accordance with Article 54, paragraph 1, of
the Rules of Court, since the expiration of the time-limit fixed for the United
States Counter-Memorial on that question; and the outstanding question, raised
by Nicaragua, of possible action under Articles 61 and 62 of the Rules of Court
was dealt with by the Court's decision communicated to you on 2 March 1990.

There being no longer any special circumstances related to other cases, as
contemplated by Article 54, paragraph 2, of the Rules of Court, which would
have to be taken into account. the President considers that oral proceedings
should open in October of the current year: he wishes however to hear any
observations that the Partiesmay wish to ofer before fixing a date.
The President willtherefore hold a meetingwith the Agents or other representa-
tives of the Parties at 10.30a.m. on Friday 22 June 1990.

206. THE AGENT OF THE REPUBLIC OF NICARAGUATO THE HEGISTRAR

20 June 1990.

1have the honour to refer to your letter of 15June 1990 in whichyou inform
me that the President of the Court wishes to ascertain the views of the Parties

on the date to be fixedfor the opening of the oral proceedings on the question
of reparation in the case concerning Militai aiid Purumilifar~vArtivifies in uncl
cigriinstNicaragita(Nicaruguu v. United States rifAinericu).
Your letter further informs us that the President considers that oral proceedings
should open in October of the current year, but that the President wishes to hear
any observations of the P~irtiesbefore fixinga date.
In relation to this matter, it might be useful to refer to our last meeting of
14 June 1990 in which we had occasion to discuss several different issues Nica-
ragua hüs before the Court.
On that occasion, 1 indicated that the new Government of Nicaragua is

carefully studying the different matters it has pendiiig before the Court. That the
instant case is very complex and that this, added to the many difficult tasks
facing the Government, are speciül circumstances that would make it extremely
inconvenient for it to take a decision on what procedure to follow in this case
during the soming months. 1 further indicated that 1 would send a letter con-
firming Nicaragua's position on this matter.
1hasten to fulfillthis fast before the meeting of 22 June 1990in the hope that
it will be useful to the President on thnt occasion.

21 June 1990.

I have the honour to transmit herewith copy of a lelter dated 20 June 1990

receivedtoday in the Registry frorn the Agent of Nicaragua in the caseconcerning CORRESPONDENCE 479

Militury undParurnililaryAcrivities inu~dlrglrinsfNicarag~ra(Nicurugzrav. United
States uf America) .

24 July 1990.

1have the honour to inform the Court that rny accreditation as Ambassador
of the Republic of Nicaragua to the Kingdom of the Netherlands - whiçh dates
back to February 1984 - will corne to an end as of 15August 1990.
Nonetheless, 1 will continue to act as Agent of the Republic of Niçaragua in
the three cases presently pending before the Court; that is, the cases concerning

- Military and Parumilitury Activitir.~in and aguinst Nicuruguu (Nicarugua v.
United Stutrs of America)
- Border and TransborderArmed Actions (Nicaruguu v. Honriuras)
- Lrind, Island and Maritime Frontirr Disprrte (El ~alvu&r/Hondurus), Appli-
cation to Intervene.

The Mission of the Republic of Nicaragua before the Court will continue to
have its office in Zoutmanstraat 53 E, Den Haag. For the purposes of
Article 40 (1) of the Rules of Court this should continue to be the address to
which al1çommunications relating to the above casesshould be sent.
In the exercise of my duties as Agent in the cases mentioned, 1 will continue
to reside with my family and service star for an indefinite period in The Hague
in my present address: Zijdelaan 25, Den Haag. For this reason, 1 request that
notice be taken of this fact in granting me the privilegesand immunities necessary
to the independent exercise of my duties.

31 July 1990.

I have the honour to transmit to Your Excellency herewith a copy of a letter
dated 24July 1990from His ExcellencyMr. Carlos ArgtielloGomez, Ambassador
of Nicaragua to the Netherlands, and Agent of his Government before the Court
in the cases concerning Militrrry und PurumiliruryAriivities in und uguinst Nica-

~LI~UU (Nicaragua v. United States of America), Border und TrunshorclrrArmed
Actions (Nicaragua v. HondilrusJandLund,Islunrland MaririnzeFrnntierDi.~pu!r
(El ~a/i.ador/Horiduras)(Applicationfi~rPerinirsionto Intervcne).
Pursuant to paragraph V of the General Principles agreed by exchange of
letters on 26 June 1946between the President of the Court and the Minister for
Foreign Affairs of the Netherlands, concerning the privileges, immunities and
facilities necessary for the exercise by the Court of its functions, may 1 draw
Your Excellency's attention in particular to the last paragraph of Mr. Argüello's
letter. Bearing in mind the excellent relations that have always existed between
the Court and the Government of the Netherlands, 1 am confident that there
will be no difficulty in continuing to extend to the Agent of Nicaragua the
privileges, immunities and facilities appropriate to his position and functions.480 MILITARYANI) I~ARAMILITARYA(:TIVITIES

210. THE AGENT OF THE REPUBLIC OFNICARAGUA TO THE REGISTRAR

13September 1990.

1have the honour to refer to the letter of 24 Jiily 1990in which 1 inforrned

the Court that rny accreditation as Ambassador of the Republic of Nicaragua
to the Kingdom of the Netherlands was shortty coming to an end, but that 1
would continue to act as Agent of the Republic of Nicaragua in the three cases
presently pending; that is, the cases concerning

- Military and PararnilituryActivities in and against Nicaragua (Nicaragua V.
UniiedStates of Arnericu)
- Borderand TransborderArmed Actions (Nie~raguuv, Honduras)
- Lund, Islundund Maritime FrontierDispute (El SaEvador/Honduras),Appli-
cation to Intervene.

The letter explained that, as Agent, 1 would continue to reside and have an
address for communications at the seat of the Court. This arrangement avoids
what the Permanent Court of International Justice has already seen as a difficulty
of a practical order that would result in having Agents residing very far from
The Hague. (P.C.1.J., SeriesE.No. 3, pp. 205-206.)
The fact of residing in The Hague during the period of my Mission - without
in the future enjoying the privileges and immunities proper to an Ambassador
accredited to the Kingdom of the Netherlands - makes it imperative that1 have
a clear understanding of the precise extent of the privileges and immunities to

be extended to me by the Netherlands Government pursuant to Article 42 ofthe
Statute of the Court and the 1946Exchange of Letters between the Government
of the NetherIands and the Court.
Since 1 wiil be going to Nicaragua for consultations in relation to my duties
as Agent within the next 2 or 3weeks, it is a matter of very practical and urgent
need for rny Government to know what these privileges and immunities (and
facilities) signify in concrrtn.
May 1thereforerequestyou, inasmuchas it isthe Court whichispartyto the 1946
Exchange of Letters, to be so good as to approach the Netherlands Ministry of
Foreign Mairs to ask them to state the nature and extent of the privilegesand
immunitiestheyproposeto extendto nieasAgentofmyGovernrnentbeforetheCourt.

The urgency of knowing precisely the status accorded to the Agent and to the
Mission of Nicaragua before the Court in the host country, has prompted me to
anticipate some indications of the understanding we have gathered from the
documents regulating this matter.
Article42 (3) of the Statute isclear in indicating that Agents are (1) representa-
tives of States and, (2) th'dtthey enjoy privilegesand immunities, in al1cases ex
ofJicio,without the need of recourse to the umbrella of the diplornatic ac-
creditation to the Netherlands.
Nonetheless, the extent of the privileges isnot entirely apparent. If we compare
the wording of Article 42 (3) of the Statute with the kindred disposition of
Article 105(2) of the Charter, wecould conclude ttiat the extent of the privileges

and immunities of an Agent are more comprehensive than those of the other
Representatives of the Members of the United Nations: Article 42 (3) of the
Statute does not contain the explicit wording of Article 105 (2) of the Charter
limiting the enjoyment of privileges and imrnunities to those necessary for the
exercise of their functions in conneçtion with the C)rganization.
The letter from the President of the Court to the Minister for Foreign Affairs
of the Netherlands of 26 June 1946contains the General Principles that would CORRESPONDENCE 481

govern the subject under discussion. With relation to the status of Agents, the
governing principle is that they "shall be accorded such privileges, immunities
and facilities for residence and travel as may be required for the independent

exerciseof their functions". This principle clarifiesthat the privileges,immunities
(and facilities)are applicable to the residenceand travel requirements aswell as
to the exercise of the functions of an Agent.
Finally, General Assemblyresolution 90 (1) of 11December 1946recommends
that the privileges and immunities of Agents be the same as those enjoyed by
other Representatives of Members of the United Nations based on Article 105(2)
of the Charter and the Convention on the Privileges and Immunities of the
United Nations of 13 February 1946 which regulates the matter. Ambassador
Rosenne - in the 2nd edition of his The Law and Practice uf the International
Court, page 219 - Sound "of interest to note that the Rapporteur of Sub-
committee 2 of the Sixth Committee which dealt with this question" and that
crystallized into Resolution 90 (1) of Il December 1946 was precisely the
representative of the Government host of the Court.

The Netherlands deposited its instrument of accession to the Convention on
the Privileges and Immunities of the United Nations on 19April 1948,that is,
more than a year ujierthe date of Resolution 90 (1) of 11December 1946which
had recommended that Agents be accorded the same privileges and imrnunities
as other representatives of Member States are accorded in the Convention in
reference.Therefore, it would also be of interest to note whether on occasion of
the deposit of the accession - or in any tnoment prior to this deposit - the
Netherlands made any reference to this Recommendation of the General
Assembly which, in the words of Ambassador Rosenne, "partake of the nature
of 'understandings' as to the purport of the agreement" reached betweenthe
President of the Court and the Minister of Foreign Affairs of the Netherlands.

211. TH6 REGLSTRAR TO THEMINISTERFORFOREIGNAFFAIRSOFTHENETHERLANDS

17September 1990.

1have the honour to refer to my letter of 31July 1990,with which1transmitted
to Your Excellencya copy of a letter dated 24 July 1990 from His Excellency
Mr. Carlos Argüelfo Gomez, Agent of the Republic of Nicaragua in three cases
before the Court. 1 have now receiveda further letter from Mr. Argüello on the
subject of the privilegesand immunities to be enjoyed by him in the Netherlands
by reason of his status as Agent, and in that letter he requests me to approach
the Netherlands Ministry of Foreign Affairs on the matter.
1therefore have the honour to transmit to you a copy of Mr. Argüello'sletter,

and to express the hope that you will be able to assist in this matter by stating,
in accordance with his request, the nature and extent of the privileges and
immunitieswhich the Government of the Netherlands proposes to extend to him
as Agent of the Republic of Nicaragua before the Court.

212, THE MINISTRYOF FOREIGNAFFAIRS OFTHENETHERLANDSTO THEREGISTRAR

19 October 1990

The Ministry of Foreign Atfairs presents its compliments Io the Registrar of
the International Court of Justice and with reference to the latter's letter of482 MILITARYANI] PARAMILITARY ACTIVITIES

17September 1990and the attached letter of Mr. C. Argüello Gomez, Agent of
the Republic of Nicaragua to the Court, has the hanour to inform the Registrar
as follows.

On the basis ofthe exchangeof Notes betweenthe President ofthe International
Court of Justice and the Minister for Foreign AfTairsof the Kingdom of the
Netherlands of 26 June 1946, concerning the Privilegs and lmmunities of the
lnternational Court of Justice, of the UN General Assembly Resolution 90 (1)
of 1kDecember 1946and of the UN Convention on the privilegcsand immunities
of the United Nations of 13 Februasy 1946, an Agent of a State Parry to a
dispute pending beforethe Court shall enjoy the followingprivileges.immunities
and facilities

a. Immunity from persona1 arrest or detention and from seizure of his per-
sonal baggage. and, in respect of words spoken or written and al1 acts
done by him in his capacity as agent, immunity from legal process of every
kind;
b. inviolability of al1papers and documents;
c. The right to use codes and to receive papers or correspondence by courier
or in sealed bags:
d. Exemption in respect of himself and his dependents from immigration re-
strictions,liens registration or national service obligations in the Nether-
lands in the exercise of hisfunctions;
e. The same facilities in respeçt of currency or exchange restriction as are
accorded to representatives of foreign governments on temporary official
missions ;
f. The same immunities and facilitiesin respect of his persona1baggage as are
accorded to diplomatic envoys;
g. ln order to secure for the agent complete freedom of speech and indepen-
dence in the discharge of his duties, the immunity from legal process in

respect ofwords spoken or written and al1acts done by him indischarging
his duties shall continue to be accorded, notwithstanding that he is no
longer Agent in a case pending before the Court ;
h. Where the incidence of any form of taxation depends upon residence,
periods during which the Agent is present in the Netherlands for the
discharge of his duties shall not be considered as periods of residence.
i. An agent before the Court, the rnembers of his Familyforming part of his
household and personal service staff shall have neither a right to claim
exemption from custorns duties on goods imported (otherwise than as part
of hispersonal baggage) or from excise duties or sales taxes (BTW) in the
Netherlands.
j. An Agent shall be given, together with the members of his family forming
part of the household, the same repatriation facilitiesin tiof international
crises as diplomatic envoys are given under the Vienna Convention on
Diplomatic Relations adopted on 18April 1961.
k. Privilegesand immunitiesare accorded to the Agent not for persona1 benefit
but in order to safeguard the independent exercise of his functions in
connection with the Court. Consequently the Netherlands Government
would stress its opinion that a State Party to a dispute pending before the
Court not only has the right but is under a duty to waive the immunity of

its Agent in any case where the Court so recommends and in the opinion
of the State Party the immunity would impede the course of justice, and it
can be waivedwithout prejudice to the purpose for which the immunity is
accorded. CORRESPONDENCE 483

With respect to the special case of Mr. C. Argüello Gbmez, Agent of the
Republic of Nicaragua in three cases before the Court, who has decided to have
his residence in the Kingdom of the Netherlands, the following shall further be
applicable :

a. The private residence shall be inviolabl;
b. Paragraph h.above will not be applicable, However, if his remuneration as
Agent is subject to tax in the Republic of Nicaragua. the Netherlands will
grant exemption of income tüx to avoid double taxation.

Finally, the Ministry would like to stress that the institution afpermanent
mission to the Court of States parties to a dispute before the Court is unknown.

213. THE REGISTRAK TO 'THEMlNlSTRY OFFOREIGNAFFAIRSOF THE NETHERLANDS

26 October 1990.

The Registrar of the International Court of Justice presents his compliments
to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, and has

the honour to acknowledge receipt of the Ministry's Note of 19 October 1990,
under reference Protocol Department No. DKP-Vl/lSN-42891. Due note has
been taken of the enurnerütion of the privileges,immunities and facilitieswhich,
in the view of the Ministry, are those to be enjoyed by an agent representing a
State before the Court on the basis of the Exchange of Letters of 26 June 1946
between the President of the Court and the Netherlands Minister for Foreign
Affairs. United Nations General Assembly resolution 90 (1) of 11 Decernber
1946,and the Convention of 13February 1946on the Privilegesand Immunities
of the United Nations. It is also noted that it is proposed that certain variations
in this enumeration shall apply in the particular case of His Excellency Mr.

Carlos Argüello Gbmez. Agent of Nicaragua.
The Registrar understands the purpose of the Ministry's Note to be for the
guidance of Mr. Argüello Gorner, to whom the Registrar is transmitting a copy
thereof, and not to invite the Court toonsider the interpretation of paragraph V
of the General Principles of the Exchange of Letters of 26 June 1946, with a
view to agreeing with the Government of the Netherlands the precise scope of
the obligation undertaken by that Governmeiit in subscribing to thatparagraph
of the General Principles, either in general, in the specifcase of Mr. Argiiello
Gornez. Accordingly, the Registrar expresses no view on that matter, but desires
to place on record that the rights of the Court in this respect rnust remain
entirely reserved.

214. THEREClSTRARTO THE AGENT OFTHEREPUBLICOFNICARAGUA

26 October 1990.

Further to my letter of 17 September 1990, 1have the honour to transmit to
Your Excellencyherewith a copy of a Note dated 19October 1990 receivedfrom
the Netherlands Ministry of Foreign Affairs on the subject of the privileges,
immunities and facilities enjoyed by Agents representing States before the Court,

together with a copy of my reply of today's date.484 MILITARYAND PARAMILITARYACTIVITIES

12September 1991.

1refer to the case concerning Military and Paramilitary Activiiies in andagainst
Nicurugiiu(Nicuruguuv. United Stulrs of Americu).
Tdking into consideration that the Government of Nicaragua and the
Government of the United States of America have reached agreements aimed at
enhancing Nicaragua's economic, commercial and technical development to the
maximum extent possible, the Government ofNicaragua has decided to renounce
al1further right of action based on the case in reference and, hence, that it does
not wish to go on with the proceedings.
It ismy duty, therefwre, to request that the Court make an Order officially

recording the discontinuance of these proceedings and directing the removal of
the case from the list.

12 September 1991.

1 have the honour to acknowfedge the receipt of a letter dated 12 September
1991 whereby the Government of Nicaragua has informed the Court of its
decision to renounce al1 further right of action based on the case concerning
Militury undPuru~nilituryActivitie.~inunduguinstNicuruguu(Nicaragua v. United
Stales of America) and stated its wish not to go on with the proceedings.
1 take note further that in this letter you have requested that an Order be
made recording the discontinuance of the proceedings and directing the removal

of the case from the list.
1shall not fail to inform you in due time of such action as rnay consequently
be taken in accordance with Article 89 of the Rules of Court.

217. THE DEPUTY-RECISTRAR TO THE DEPUTY-AGENT OF THE UNITED STATESOF
AMERICA

12September 1991

1 have the honour to transmit to you herewith a copy of a letter of today's
date from the Agent of Nicaragua in the caseconcerning Militarund Puramilitury
Activities in undagainst Nirurugu~(Nicaragua v. United Stuies of America), by
which the Agent States the intention of the Government of Nicaragua not to go
on with the proceedings, and requests thatanOrder be made officiallyrecording
the discontinuance of the proceedings, and the removal of the case from the list.

In accordance with Article 89, paragraphs 2 and 3, of the Rules of Court, the
President of the Court has fixed 25 September 1991 as the time-limit within
which the United States may state whether it opposes the discontinuance of the
proceedings. CORRESPONDENCE 485

218. THE DEPUTY-REGISTRARTO THELEGAL ADVISER OF THE UNITED STATES
DEPARTMENTOFSTATE

12September 1991.

1have the honour to transmit to you for information a copy of a letter1have
today addressed to Mr. Patrick M. Norton, Deputy-Agent of the United States
in the case concerning Military und Paramilitary Ar:tivities und agai~lstNica-
rugiiu (Nicaragua v. Unilri1SIatcs of Americu), and a copy of the enclosure to
that letter (letter of today's date from the Agent of Nicaragua).

219. THE DEPUTY-REGISTRAR TO THE AGENT OFTHEREPUBLIC OF NICARAGUA

12 September 1991.

Further to my letter of today's date, 1have the honour to inform you that the
Government of the United States of America, to whom 1 have sent a copy of
your letter, also of this date, expressing your Governrnent's wish to discontinue
the proceedings brought against the United States in the case concerning Military
a~ldParamilitury Ariivities iand r~guinstNicaragua (Nicuragua v. Uniled Stutes
ofAmrrica), fiasbeen at the sarne time informed that the President of the Court,
acting in accordance with paragraphs 2 and 3 of Article 89 of the Rules of
Court, has fixed 25 September 1991as the time-limit within which it may state
whether itopposes the discontinuance in question.

220. THE LEGAL ADVISER OF THE UNITED STATESDEPARTMENTOPSTATETOTHE
REGlSTRAR

25 September 1991.

On behalf of the Government of the United States, 1 have the honor to refer
to your letter of September 12, 1991, concerning a letter frorn the Agent of
Nicaragua in the case of Nicurugziuv. Unitcd Stutcs of America informing the

Court thrit the Government af Nicaragua does not wish to go on with tliese
proceedings and providing the United States with an opportunity to state whether
it opposes the discontinuünce of the proceedings.
Taking into account the agreement of the United States and Nicaragua to take
steps to enhance their friendship and mutual cooperation, including the renunci-
ation by Nicaragua of al1further right of action based on the aforementioned
case, the United States welcomes the Nicaraguan request for discontinuance of
the proceedings.
The United States takes this action without prejudice to its longstanding view

that the Court is without jurisdiction to entertain the dispute and that the Nica-
raguan Application of April9, 1984,is inadmissible.486 MILITARYAND PALARAMILITA KYTlVITlES

221. THE REGISTRAR TO THE AGENT OF THE REPUBLICOFNICARAGUA

30 September 1991.

1 now have the honour to transmit to Your Exçellency herewith the sealed

copy for the Government of Nicaragua of the Order of 26 September 1991 by
which the President placed an record the discontinuance by the Republic of
Nicaragua of the proceedingsin the case concerning Military and Purumilitary
Activities in und againsrNicarag~m(Nicaraguu v. United Srutes America) ,and
directed the removal of the case from the list.

'A communicationin the same lems wassent to the Ixgal Adviserof the United States
Department of State.
I.C.J. Reports IYYp.47.