Two new cases are brought to the Court: Nicaragua institutes proceedings against Costa Rica and against Honduras

INT OF JUSTICE

Peace Palace, 2517 KJ The Hague. Tel. 92 44 41. Cables: Intercourt, The Hague

Telex 32323

Communiqué

Pest C)lfice ~2ijsrijI; (19,00)

Press cal ed (17.05)
30-7-26
Oist . Judges x~d dtaff
------------ No. 86/10
29 July 1986

Two new cases are brought to the Court:
Nicaragua institutes proceedings against Costa Rica and against Honduras

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

On 28 July 1986 the Republic of Nicaragua filed in the Registry of
the International Court of Justice two Applications, one instituting

proceedings against the Republic of Costa Rica and the other instituting
proceedings against Honduras. Both Applications refer to the provisions
of Article XXXI of the Pact of Bogota, and to the declarations whereby
the States concerned accepted the jurisdiction of the Court as provided
for in Article 36 of the Statute of the International Court of Justice.

In its Application instituting proceedings against Costa Rica,
Nicaragua records specific frontier incidents and armed attacks, of
increasing frequency and intensity since 1982, organized by contras on
its territory from the territory of Costa Rica. The Application mentions
various attenpts by the Government of Nicaragua to avoid any
confrontation between the two States and to achieve a peaceful solution;
it States that these efforts failed because Costa Rica took no specific

rneasures against the contras. On the basis of the facts set out in its
Application, Nicaragua then claims that Costa Rica has inciirred Pegal
responsibility for the breach of major obligations arising under the
United Nations Charter and other multilateral treaties, and for the
breach of certain well-established ohli~ations of customary international
law. The applicant Party, reservin~ the right to supplement or to amend
its Application - and subject to the presentation to the Court of the

relevant evidence and lesal argument - concludes by requesting the Court
to ad judge and declare as follows:

"-a) that the acts and omissions of Costa Rica in the material
period constitrite breaches of the various obligations of
customürv international law and the treaties specified in the

body of this Application for which the Repuhlic of Costa Rica
bears legal responsibility;

-b) that... -b) that Costa Rica is under a duty immediately to cease and to
refrain from al1 such acts as may constitute breaches of the
foregoing legal obligations;

(cl that Costa Rica is under an obligation to make reparations to
-
the Republic of Nicaragua for al1 injury caused to Nicaragua by
the breaches of obligations under the pertinent rtiles of
customary international law and treaty provisions."

Finally, Nicaragua reserves the right to present a -request to the
Court for the indication of interim measures of protection.

In its Application instituting proceedings against Honduras,
Nicaracua refers not only to border incidents and armed attacks - of
increasing frequency and intensity since 1980 despite its reiterated
protests - organized by contras on its territory £rom the territory of
Honduras; it also alleges specifically, among other things, that
assistance has been given to the contras by the armed forces of Honduras,

that the latter have directly participated in military attacks against
its territory, and that the Government of Honduras has threatened to use
force against it. On the basis of the facts set out in its Application,
Hicaraqua then claims that Honduras has incurred legal responsibility for
the brench of major obligations arising under the United Nations Charter
ad otkr mltilateral treaties, and for the breach of certain
The
-11-established obliqations of custornary international law.
a~~licant Party, reserving the right to supplement or to amend its
4ppiicatfon, and subject to the presentation to the Court of the relevant
evidence and legal argument, concludes hy requestin~ the Court to adjudge
ad daclare as follows:

"-a) that the acts and omissions of Honduras in the material period
const itute breaches of the various obligations of customary
international law and the treaties specified in the body of this
Apvlication for which the Republic of donduras bears legal
resgansibility;

-b) that Honduras is under a duty immediately to cease and to
refrain from al1 such acts as may constitute breaches of the
forsgoin8 legal obligations;

-cl thet honduras 1s under an obligation to make reparation to the
Repiiblic of iicaragua for al1 injury caused to Nicaragua by the
bfenches of obligations under the pertinent rules of customary

international law and treaty provisions."

Einally, Yicaragua reserves the right to present a reqiiest to the
Court for the indication of interim measures of vtotection.

The texts of the two 4pplications institiiting proceedinps are
availsble to journalists, \?ho can obtain then from the Reyistry of the
Court.