Request for the Indication of Provisional Measures of Protection submitted by the Government of Nicaragua

REQUESTFORTHEINDICATIONOF
PROVISIONAL MEASURESOFPROTECTION
SUBMITTEDBYTHEGOVERNMENTOF

NICARAGUA

DEMANDEEN INDICATION
DE MESURESCONSERVATOIRES
PRÉSENTÉEPARLE GOUVERNEMENT
DU NICARAGUAMINIST~RI OEL EXTERIOR,
MANAGUA,
NICARAGUA.

To His Excellency the President, to the Judges of the International Court of
Justice, the undersigned beingduly authorized by the Repuhlic of Nicaragua and
heing the Amhassador of the Republic of Nicaragua accredited al The Hague:

1.1 have the honor to refer to the Application submitted to the Court this
day instituting proceedings by Nicaragua against the United States. On behalf
of Nicaragua, 1request urgently, in accordance with Article 41 of the Statute of
this Court and Articles 73, 74, 75 and 78 of the Rules of Court, that the Court
indicate provisionalmeasures which ought to be taken forthwith to preserve the
rights of Nicaragua pending the determination of the issues raised hy the
Application.

2. The Pdcts set forth in the Application and more fully detailed in the
Chr»nolo~gicaAl ccouniattached thereto as Annex Aare incorporated hy reference
in this request. These facts show that:

- The United States is presently engaged in the use of force and the threat of
force against Nicaragua through the instrumentality of a mercenary army
of more than 10,000 men, recruited, paid, equipped, supplied, trained and
directedhy the United States, and by means of the direct action of personnel
of the Central Intelligence Agency and the US armed forces. The United
States kas publicly açcepted responsihility for these activities.
- These activities have already resulted in the dedths of more than 1.400
Nicaraguans, military and civilian, serious injury to more than 1,700others,
and %200,000,000in direct damage to property.
- The ohject of these activities, as admitted by the President of the United
States. senior US officiaisand members of Coneress. is to overthrow or at
least destabilize the Government of Nicaragua. -
- The activities of the United States are not mere isolated incursions or in-
cidents. They are part of a continuing and organized campaign of unlawful
use of force that, from its heginnings in 1981,has steadily expanded- and
is continuing to expand - in size, scope and intensity and in the grievous
losses of life and property inflicted on Nicaragua and its people.
- These activities are mounting in intensity and destructiveness as this case
is filed. In March 1984, 6,000 US-backcd mercenaries initiated the larges1
assault io date on Nicaraguan territory. Heavy fighting is still taking place,
and casualties are high.
- Simultaneously with their assault, the mercenary forces announced that they
had mined the Nicaraguan ports of Corinto, Puerto Sandino and El Bluff,
as part of an efiort to cut off Nicaragua economically from the rest of the

world. Five foreign commercial vessels have already been disabled hy
exploding mines, and many others have cancelled scheduled shipments to
and from Nicaragua for fear of the mines. Taken together with the previous28 MILITARYAND PARAMILITARY ACTIVITIFS

bombings of international airports, these new actions represent no1 only an
effort to cul Nicdragua's vital trade and communications with the outside
world, but constitute a mortal hazard to third parties engaged in peaceful
international conimerce and travel.
- As this request i!:filed, the US Administration is seeking and the Congress
is considering $21,000,000in additional funding to continue and to further
escalate this campaign of military and paramilitary activities against
Nicaragua.

3. The United States activities in and against Nicaragua constitute flagrant
violations of the most elementary and fundamental principles of international
law and of the basic provisions of the United Nations Charter and other treaties
prohibiting the use or threat of force in the conduct of international relations.
4. The actions of the United States and the consequences for Nicaragua have
persisted despite repeated efforts of the Government of Nicaragua and disin-
terested third parties to initiate procedures for peaceful settlement of any and al1
diiïerences between the United States and Nicaragua. The United States has
refused, and continuçs to refuse'to engage in direct dialogue or negotiation with

Nicaragua with respect to the subject-matter of this dispute. There is thus no
reason to believe that the United States will voluntarily desist from ils course of
action while this casi: is pending before the Court.

5. The overriding objective of this request is to prevent further loss of life in

Nicaragua. The continuance of the situation that is the subject of the present
request willexpose tilousands of human beings to the possibility of serious harm,
and some of them Io the certainty of bodily injury and death. The principal
provisional measure!;to be indicated, as stated below, are that the United States
desist from further aid and assistance of any kind to the mercenary forces and
from any military or paramilitary activity by its own officiais or forces against
Nicaragua. Such me;isureswould be elTeclivein preventing the anticipated harm,
since, as the United States administration has itself recently acknowledged, the
mercenaries' attacks would dry up without further infusion of US aid. The
provisional measures to be indicated are thus compelled by fundamental humani-
tarian concerns.
6. The stated obji:ctive of the United States activity is the overthrow of the
Government of Nicaragua. The United States has not abandoned this objcctivc,
as its most recent reiluest for additional fundine demonstrates. Obviouslv. if the
United States were & be successful in achievi& ils stated objective. théconse-

quences would be irreparable. It would prevent the vindication of the rights
asserted by Nicaragua in this case if the Court should decide in Nicaragua's
favor, since the Court could not act to reinstate the present government.
7. Nicaragua is ;i developing country, struggling against severe economic
pressures to mainiain the stability of ils economy and to improve the life of ils
.eo~.e.A~art from ihe direct damage t..DroD.rtv.the.Government of Nicaragua
~r forccd io ili\r.ri suhri.inti.iI rcroiirxs. ;iiiioLntIOg ;i5igniiicsnt pr<iporti.in
cii the gro~ n.iti<)nd pproJct. irtim ;,instru:ilvc c:oridniic 2nd wri~l purp<>sc,
iu thetl:feiirr. of ils pcuplr :inJ tcrritury ;i#;ilthlircotniinuing sit:tckr In the
absence of ~rotective measures. this diverGon of resources wiÏl continue with
cumulative eflèct.The Pace of ~conomi~develo~ment depends on coordination
and timing, and the process is exponential. Therefore, these losses cannot be
compensated fully by the payment of monetary reparations should the Court REQU~ FOR PROVISIONAL MFASURFS 29

ultimately decide in Nicaragua's favor. Moreover, for Nicaraguans who grow up
without education or health services, what is lost can never be recovcred.
8. The legal rights to be protected by the indication of provisional measures
are :
- the rights of Nicaraguan citizens to life, liberty and security;
- the right of Nicaragua to he free at al1times from the use or threat of force
against it by aforcign State;
- the right of sovercignty of Nicaragua;
- the right of Nicaragua to conduct its affairs and to determine matters within
its domestic jurisdiction without interference or intervention by any foreign
State;
- the right or self-determination of the Nicaraguan people.

9. The foregoing recitals suiïiciently indicate the urgent need for the requested
measures. The lives and property of Nicaraguan citizens, the sovercignty of the
State and the health and progress of the economy are al1immediately at stake.

The United States has given no indication that it is willing to desist from its
unlawful actions. On the contrary, it has continued to assert hoth its objective
of overthrowine or dcstabilizine the Nicara- -n eovernment and its "rieht" Io
do so. At this ;ery moment. it i'ssceking the resources to continue and intensify
its activities. The situation has already resulted in a dangerous levcl of tension,
not onlv between the Unitçd States and Nicaragua. but between Nicaragua and
ond du t ansd other Central American neighb&sthat could have serkus im-
plications for international peacc and security. It is clear that, in the absence of
an indication of provisional measures, the disputes will be aggravated and
extended. The gravest consequences cannot be excluded.

D. M~ASURFR SEQUESTED

10. Accordingly, Nicaragua respectfully requests that the Court indicate the
followingprovisional measures to be ineffectwhilethe Court isseizedof this case:
- 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 çease and desist from any military
or paramilitary activily by ils own officials, agents or forces in or against
Nicaragua and from any other use or threat of force in ils relations with
Nicaragua.
Il. In view of the gravity of the current situation caused by the actionsaken
and threatened by the United States, Nicaragua further respcctfully requests that
the Court set a hearing on this Request at the earliest possible date.

9 April 1984.
Respectfully submitted,
(Signed) Carlos ARGÜELLG OOMEZ,

Agent of the Republic of
Nicaragua. ORAL ARGUMENTS ON THEREQUEST
FOR THE INDICATION

OF PROVISIONALMEASURES

MINUTESOF THE PUBLICSITTINGS

heldat thePcacePalace.The Hague.on25 and27 April and10May 1984,
PrcsidcnrEliaspresiding

PLAIDOIRIES RELATIVES A LA DEMANDE

EN INDICATION
DE MESURES CONSERVATOIRES

PROCÈS-VERBAUX DESAUDIENCES PUBLIQUES
renuesau Palaisdelu Pnix,ri La Ilaye, les25 et27 avrilet le10mai 1984,
souslaprésee M. Elins,Président FlRST PUBLIC SITTING (25 IV 84, 10a.m.)

Present: Presnlcnr ELIAS; Vice-Presidenr Sm-CAMARA; Judges LACHS,
Monozov, NAGENDRS AINCH,RUDA,MOSLERO , OA,AGO,EL-KHANIS , CHWEBEL,
Sin ROBERT JENNINCS D,E LACHARRIÈRE M,BAYEB , EDIAOUIR; egistrar TORRES
BERNA~OEZ.

Alsopresenl:

For the Covernmenrof Nicaragua:
H.E. Mr. Carlos Argüello GOmez,Ambassador, os Agenr and Coirnsel;

Mr. lan Brownlie, Q.C., F.B.A., Chichele Professor of Public lnternational
Law in the University of Oxford; Fellow ofll Souls College, Oxford,
Hon. Abram Chayes, Felix Frankfurter Professor of Law, Harvard Law
School; Fellow, American Academy of Arts and Sciences, as Connsei and
Ad~~ocoies;

Mr. Augusto Zamora Rodriguez,
Mr. Paul S. Reichler,
Miss Judith C. Appelbaum,
MI. Paul W. Kahn, as Counsel.

For ihe Covernmenrof ihe UniredSrares of America:

Hon. Davis R. Robinson, Legal Adviser, United States Department of State,
os Agenr and Counxel;
Mr. Daniel W. McGovem, Principal Deputy Legal Adviser, United States
Department of State, as Bepury-Apnr and Counsel;

Mr. Michael Ci. Kozak, Deputy Legal Adviser, United States Department of
State, us Speciol Counsel;
Mr. Robert E. Dalton, Assistant Legal Adviser, United States Department
of State,
Mr. K. Scott Gudgeon, Assistant Legal Adviser, United States Department
of State,
Mr. Fred L. Morrison, J.D., Ph.D., Member of the Bar of the United States
Supreme Court and of the State of Minnesota; Professor of Law, University of

Minnesota; formerly Counselor on International Law, Office of the Legal
Adviser, United States Department of State,
Mr. Patrick M. Norton, Assistant Legal Adviser, United States Department
of State,
Mr. Stefan A. Riesenfeld, Member of the Bar of Minnesota; Professor of
Law, University of California, School of Law, Berkeley, California, and the
Hastings College of the Law, San Francisco, California; S.J.D. (Harvard),
J.U.D. (Breslau), Dott. in Giur. (Milan), Dr. h.c. (Cologne); and formerly
Counselor on lnternational Law, Office of the Legal Adviser, United States
Department of State.
Mr. David H. Small, Assistant Legal Adviser, United States Department of
State, as Counsel; Mr. Steven E. Ashi:r, Attorney-Adviser, Office of the Legal Adviser, United
States Department of State,
Mr. Michel J. Danaher. Attorney-Adviser, Officeof the Lecal Ad-iser, United
States Deoartment of ~ta~'e.
Mr. ~ennis 1.~orernan,Attorne~-~dviser, Officeof the Legal Adviser, United
States Department of State,
Mrs. Elizabeth Keefer, Attorney-Adviser, Officeof the Legal Adviser, United
States Department of State,
Mr. Geofïrey M. Lcvitt, Attorney-Adviser, Officeof the LegalAdviser, United

States Department of State,
Mr. Peter M. Olson, Attorney-Adviser, Office of the Legal Adviser, United
States Department of State,
Mr. Jonathan B. Schwartz, Attorney-Adviser, Office of the Legal Adviser,
United States Departinent of State,
Mr. George Taft, Attorney-Adviser, Office of the Legal Adviser, United States
Department of State,
Mr. Kenneth 1. Vandevelde, Attorney-Adviser, Office of the Legal Adviser,
United States Departinent of State, as Alrorney-Advisers.