Nicaragua Institutes Proceedings against the United States of America

INTERNATIONAL COURT OF JUSTICE
Peace Palace, 2517 KJ The Hague. Tel. 92 44 41. Cables: Intercourt. The Hague

Communiqué
,+-) unofficial
J + t & , , . . L.i?/ for rmmediate release
li. No. 84/10
1
*;? ;d&d('A<x 9 April 1984

Nicaragua Institutes Proceedings
Against the United States of America

The following information is communicated to the press by the
Registry of the International Court of Justice:

Today, 9 April 1984, the Republic of Nicaragua filed in the Registry
of the International Court of Justice an Application instituting
proceedings against the United States of America, on the grounds that
"the United States of America is using military force against Nicaragua
and intervening in Nicar<aguats interna1 affairs, in violation of
Nicaragua's sovereignty, territorial integrity and political independence
and of the most fundamental and universally-accepted principles of
international law". The Application States that "both the United States

and Nicaragua have accepted the compulsory jurisdiction of the Court
under Article 36 of the Statute" of the Court.

Simultaneously, the Government of Nicaragua, emphasizing "the
importance and urgency of the matters raised by this suit, and in order
to avoid further loss of life and destruction of property pending a final
determination", has filed a request that the Court should indicate
provisional measures under Article 41 of the Statute of the Court.

The provisional measures which Nicaragua requests the Court to
indicate are as follows:

- "That the United States should immediately cease and desist from
providing, 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 £rom any
military or paramilitary activity by its own officials, agents or
forces in or against Nicaragua and from any other use or threat of
force in its relations with Nicaragua."

In its Application instituting proceedings, Nicaragua requests the
Court to adjudge and declare as follows:

"(a) That,. .. "(a) 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 violate and is violating its express
charter and treaty obligations to Nicaragua and, in particular, its
charter and treaty obligations under:

- Articles 2(4) of the United Nations Charter;

- Articles 18 and 20 of the Charter of the Organization of
Arnerican States;

- 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;

(b) That the United States, in breach of its obligation under
general and customary international law, has violated and is
violating the sovereignty of Nicaragua by:

- armed attacks against Nicaragua by air, land and sea;

- incursions into Nicaraguan territorial waters;

- aerial trespass int O Nicaraguan airspace ;

- efforts by direct and indirect means to coerce and

intimidate the Government of Nicaragua.

(c) That the United States, in breach of its obligation under
general 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 is
intervening in the interna1 affairs of Nicaragua.

(e) 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.

(f) That the United States, in breach of its obligation under
general and customary international law, has killed, wounded and

kidnapped and is killing, wounding and kidnapping citizens of
Nicaragua.

(g) That, in view of its breaches of the foregoing legal
obligations, the United States is under a particular duty to cease
and desist immediately: from al1 use of force - whether direct or indirect, overt
or covert - against Nicaragua, and from al1 threats of

force against Nicaragua;

from al1 violations of the sovereignty, territorial
integri ty or political independence of Nicaragua,
including al1 intervention, direct or indirect, in the
interna1 affairs of Nicaragua;

from al1 support 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 al1 efforts to restrict, block or endanger access to
or from Nicaraguan ports;

and from al1 killings, woundings and kidnappings of
Nicaraguan citizens.

(h) That the United States has an obligation to pay Nicaragua,
in its own right and as parens patriae 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."

The texts of the Application instituting proceedings and of the

request for the indication of provisional measures are available in the
Registry of the Court and can be furnished to members of the press on
request .