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INTERNATIONALCOURT OF JUSTICE
Peace Palace, 25117KJ The Hague. Tel. 92 44 41. Cables: Intercourt,The Hague
Telex 32323
Communiqué
No. 88/6
22 March 1988
Nicaragua requests provisional measures
in its case against Honduras
The following information is communicated to the press by the
Registry of the International Court of Justice:
On 21 March 1988 Nicaragua filed a request for the indication of
provisional measures in the case which it brought againet Honduras
concerning Border and Transborder Armed Actions on 28 July 1986.
Proceedings in this case had previously been retarded at the request of
both parties followiqg the signature on 7 August 1987 of the "Procedure
for the establishment of a stable and lasting peace in Central America"
by the Presidents of Costa Rica, El Salvador, Guatemala, Honduras and
Nicaragua - the "Esquipulas 2 Agreement". By July 1987 the parties had
each filed a pleading addressed to the question of the Court's
jurisdiction, which Honduras contests.
Attached to the text of the new request 1s a translation of a
message of 19 March 1988 in which President Daniel Ortega tells the
Nicaraguan people that their country "has no alternative but to
reactivate" its case against Honduras. The measures now requeated are as
f ollows:
11
Ia) The making of an enquiry either on the basis of the provisions of
Article 50 of the Statute or on the basis of the ~rovisions of
Article 66 of the Rules of Court investigating in- situ the recent
incidents in the Bocay region and the causes of scch incidents.
(b) The recommendation by the Court of the creation of a group of
observers by the aippropriate organ of the United Nations to monitor
incidents in the border region.
-(c) The right of Nicaragua to territorial sovereignty ehould be fully
respected by Hondu.ras.
a The duty of the Government of Honduras to observe the principle of
non-intervention in the affairs of Nicaragua and, as a coasequence,
the duty of that Government to teminate its policy of giving refuge
and other forms of assistance to the contra forces operating from
within its territory." (Article 50 of the Court's Statute reads as follows: "The Court may,
at any time, entrust any individual, body, bureau, commission, or other
organization that it may select, with the task of carrying out an enquiry
or giving an expert opinion". Article 66 of the Rules of Court deals
with arrangements for the "obtaining of evidence at a place or locality
to which the case relates".)
Pending the final decision of a case between States, the Court has
the power, under Article 41 of its Statute, to indicate "any provisional
measures which ought to be taken to preserve the respective rights of
either party". If a request for such measures is received £rom a party,
it has to be dealt with as a matter of first priority. The Court
proceeds to an early decision after giving each party an opportunity to
be heard .
Nicaragua requests provisional measures in its case against Honduras