Written Reply of the Republic of Nicaragua to the Question of
Judge Can@do Trindade
"My question is addressed to all delegations of participants I these oral
advisory proceedings.
As recalled in paragraph (a) of the U.N. General Assembly's request for an
Advisory Opinion of the International Court of Justice (General Assembly
resolution 71/292 of 22/06.2017), the General Assembly refers to obligations
enshrined into successive pertinent resolutions of its own, as from 1960,
namely: General Assembly resolutions 1514 (XV) of 14.12.1960, 2066 (XX) of
16.12.1965, 2232 (XXI) of20.12.1966, and 2357(XXII) of 19.12.1967.
In the course of the present oral advisory proceedings, references were often
made to such resolutions by several delegations of participants.
In your understanding, what are the legal consequences ensuing from the
formation of customary international law, with the significant presence of
opinio juris communis, for ensuring compliance with the obligations stated in
those General Assembly resolutions?"
RESOLUTIONS OF THE UNITED NATIONS GENERAL ASSEMBLY
Resolution 1514 of 14 December 1960 reaffirmed the principles and rules on selfdetermination
contained in the Charter of the United Nations and made a clear
enunciation of what this principle involved particularly the respect for the
territorial integrity of colonial territories. The reaffirmation of these principles and
Charter rules in Resolution 1514 leaves no doubt that they are also principles and
rules of customary international law. The principle or rule on self-determination is a
fundamental principle of human rights and is thus a peremptory norm from which
no derogation is permitted. 1
Resolutions 2066 2 , 2232 3 and 2357 4 are concrete expressions calling for the
application and respect of the principles and rules contained in Resolution 1514 to
particular cases5• These Resolutions are adopted in the exercise of the special
faculties that the General Assembly has in all matters of decolonization and selfdetermination.
In this respect they reflect not only the opinio juris of the Member
States but also reflect the opinio juris and practice of the Organization in charge of
decolonization.
1 CR 2018/25, p. 42-44, paras. 38-47(Argiiello).
22 16 December 1965.
3 20 December 1966.
4 19 December 1967.
5 Not only that of Mauritius, but also Seychelles, Solomon Islands and others.
These Resolutions are of obligatory compliance by all Members of the United
Nations who have responsibilities for the administration of non-self-governing
territories.
LEGAL CONSEQUENCES
The Resolutions in question were adopted on matters relating to self-determination
and decolonization which are within the functions and powers of the General
Assembly and of obligatory compliance by State Members.
Since the principles and rules on self-determination and decolonization are also
principles and rules of customary law, the obligations they entail are obligation for
all States, whether or not they are members of the United Nations.
The consequences of these Resolutions and the obligations they reflect were spelled
out during the oral proceedings in Nicaragua's pleadings6 and we reiterate what was
there indicated, including the consequences for the United Kingdom and third
States.
6 CR 2018/25, p. 47-48, paras. 65-68 (Arguello).
Written Reply of Nicaragua to the question put by Judge Cançado Trindade at the end of the hearing held on 5 September 2018