APPLICATION INSTITUTING PROCEEDINGS
SUBMITTED BY THE GOVERNMENT OF
NICARAGUA
REQUETE INTRODUCTIVE D'INSTANCE
PRESENTÉE PAR LE GOUVERNEMENT
DU NICARAGUA 25 July 1986.
To the Regisirar of the International Court of Justice, the undersigned bcing
diily authorized by the Republic of Nicaragua and being the Ambassador of the
Repiiblic of Nicaragua accrcdited at The Hague:
1have the honoiir to rcfcr to the provisions of Article XXXl of the Pact of
I3ogotAand to the Di:claratioris made by the Republic of Nicaragua and by the
Kcpiiblic of Costa Rica respectivcly, acccpting the jurisdiction of the Coiirt as
~~rovidcdfor iiiArticlc 36, paragraphs 1and 2, rcspectively of the Statute of tlic
IiitcrnatiorialCourt of Justice arid, by virtuc of the consent to the jurisdictiori
briscd upori thosc instrurncrits, cither jointly or separately, to subrnit, in
accordaricc with Artiiclc 40 of thc Statute and Article 38 of the Rules of Court,
ari Application institilitirigprocecdings in the name of the Republic of Nicaragua
agairist the Rcpubliç of Costa Rica on the following grounds:
1. Late iri1981, Nicaragua obtained the first confidential information about
tlic organization of rirmcd bands in Costa Rica with the purpose of carrying out
arrried attacks against Nicaragua. Immediately after that information was
rcccivcd, a meeting was held on January 12, 1982, between the Nicaraguari
Ilcpiity kliriister oT Interior, Commander Luis Carrion, and the Deputy
bliriistcr of Security and Govcrnnient of Costa Rica, Mr. Harry Whalstcim.
2. Ori April 15of that sariic ycar, thc Nicaragiian contra leader EdénPastora
(;i,riic~ Iicld a press coiifcrc~iirSari Jose, Costa Rica, in which hc announccd
arrncd attacks against Nicaragua. This fact causcd the Nicaraguan Governmcrit
to scrid a diplomaticnote to that country, dated April 16. In that note Nicaragua
statcd: "its concern, about the possibility that groups and armed expeditions
agairlst Nicaragua be organized in your territory"; recalling also thc
iriterriatiorial obligation of not permittirig : "the use of national territory to
promotc and cxecute material acts with the purpose of initiating or promoting
arrried attacks or hostile actioris against sovereign States"; requcsting
iriforiiiatiori from the Costa Rican Govcrnment about: "measures adoptcd or
that will be adopted in ordcr to prevent the use of national territory for the
organization and i.niplerncritation of threats made by the citizen Pastora
GOriiez".
3. On May 10, 1982,a C-47 aircraft of the Nicaraguan airline (Aeronica) \vas
tiijackcd and takcri to Costa Rica. On May 20 of that samc year, a group of
dcserters from the i'dicaraguanarmy, assassinated the officer in command of the
bordcr post of San Juan del Norte, and crosscd the border into Costa Rica. Iri
both cases the Govcrnriient of Nicaragua requested the extradition and capturc
of the dclinqiients, hiit the Costa Ricari aiithorities, in violation of tlieir
iriternatiorial obligntioris, took iio action.
4. In ari effort to prcvcrit the deterioriitiori of relations, thc forcign miriistcrs
of'botti coiintrics, tluririg a meeting held in San Joséon June 15, 1982, dccidcd
(0 crctitc n hliucd ~oinrriissior~. 4 BORDER AND TRANSBORDER ARMED ACTIONS APPLICATION 5
5. Despite this positive step, the border incidents continued, and Nicaragua (ii) On April 6, 1984, a numerous contra group initiated armed attacks from
made these facts public in a communiqué dated May 21, 1982, indicating that : Costa Rican territory against the border post of San Juan del Norte on the
Caribbean Coast of Nicaragua. The attacks continued uninterrupted and on
"interests foreign to the good of the Governments of Our two nations are
bent on provoking conflicts and tensions between Nicaragua and Costa April 16a contra group of more than 500 men attacked the area. On April 28
Rica, in order to create the necessary conditions that will justify a forcign Nicaragua protested again to Costa Rica, and provided an annex containing
military aggression against Nicaragua". detailed information about the contra activities in that country. As a result of
this incursion a significant riumbcr of Nicaraguan citizens were either killed,
6. During the second meeting of the Mixed Commission in Sari Jose, on July wourided, or forcibly abducted. The persons abducted were later returned to
28, 29 and 30 of 1982, the Government of Nicaragua : Nicaragua through Our Embassy in Costa Rica. During the time they were in the
"expressed its concern about a series of bordcr events: incursions, tiands of the Costa Rican authorities, they were the object of threats and
violations of Ourairspace and harassment provoked by elements hostile to induccrnerits on the part of thosc authorities in order to convince them to desert
from thc Nicaraguan arrny and request asylum in Costa Rica.
the Nicaraguan revolution. Which, of course, does not include the (iii) On May 7, 1984, a group of about 100 contras attacked Palo de Arco
Government of Costa Rica. This concern is addressed so that the (a border post) during which four civilians were murdered, among them two
Government of Costa Rica takes the necessary measures." children. A Costa Kicari civil guard post known as "El Chachito" is very close
7. Nicaragua considers it appropriate to emphasize that in an cffort to to that sector.
prevzii: an i~creasec!deterierûtion of the sitnation, and taking into consider-
ation the growing aggressiveness of the United States Government and the (iv) On October 20, 1984, the customs post of Pefias Blancas was again
attacked by contra forces from Costa Rican territory.
growing involvement of Honduras in the illegal policy of force and intervention (v) From July 17 until July 22, 1985, contra groups located in Costa Ricari
practised by the Government of the United States, Nicaragua decided at that territory attacked positions of the Nicaraguan army in the region of San Rafael,
time not to publish any armed attacks originating from Costa Rican territory, 20 kilorneters east of Boca de San Carlos. This is situated in front of the Costa
but to use the Mixed Commission for denouncing such attacks. This decision Kican location known as "Remolinitos". The attack was with mortars, cannons
was taken with the agreement of the Costa Rican Government. arid 50 calibre machine guns. Seven Nicaraguan soldiers were wounded.
8. In spite of this will of Nicaragua, the increase in the armed actions on the (vi) On August 7, 1985, at approximately 7.45 a.m., 47 persons werc
border made it necessary for Nicaragua to modify its position in order to protect abducted and taken intoCosta Rica. Aniong them were 29 United States citizens
its national interests which were being damaged by the policy of discrcet of the Organization Witnesses for Peace. This occurred when they were sailing
complaints. Moreover, this change of attitude by the Nicaraguan Government on the Nicaraguan river San Juan. After their liberation on August 8, they werc
was influenced by the facts that the Costa Rican authorities did not take any illcgallycaptured when returning to San Carlos by the Costa Rican Civil Guard.
specific measures to prevent these attacks, and also that top officiais of the (vii) On Octobcr 30, 1985, the border post of Boca de San Carlos was
, Government were collaborating in various ways with the contras.
9. On December 1, 1982, a group of contras attacked the border village of attackcd from Costa Rican territory. Ori this occasion the contras used vehicles
Cardenas. They were backed by an aircraft that approached from Costa Rica. for transport irispite of the existence of a Costa Rican civil guard post in that
area.
This village is located at a distance of 5 kilometers from the frontier, in an area (viii)On Janiiary 31, 1986, in the Hotel Anibassador of San José, leaders of
where there are several Costa Rican observation posts because it is very near the contra group knowri as ARDE held a press conference in which, among
Pefias Blancas which is the most important border crossing point between the other things, they stated their rieed of fuel in order to continue monitoring the
two countries and is situated on the Pan-American Highway. This attack lasted river San Juan - which is Nicaraguan. This operation had been conducted with
nearly five hours and could not possibly have been. ignored. the active CO-operatioriof the Costa Rican authorities.
10. From 1982 onwards, the armed attacks against Nicaragua increased in (ix) On April 22, 1986, corltra groups stationed in Costa Rican territory
frequency and intensity. The situation has been especially serious in the region iittacked a civiliari ship ncar the sector of the island known as Sombrero dc
of the San Juan river because of geographical factors: on the Nicaraguan side, Cucro, situated 37 kilornetcrs south-west of San Carlos. One person was
it is heavily forested and lacks land access, while on the Costa Rican side there wouiided and anotlicr missirig as a result of this action.
is a larger population and many access routes. (x) On May 29, 1986, a group of contras attacked with mortar fire froni
11. Since it is not necessary to go into extensive detail and enumeration of
the many illegal attacks which originated from Costa Rica, the present intention Costa Kicaii tcrritory the border post of San Juan del Norte.
(xi) On June 1, 1986, a group of approximately 15 persons, wearing the
is to mention only certain recent examples of the types of activities which have uriiform of the Guardia Civil of Costa Rica, attacked frorn Costa Kican
given rise to the bringing of this case before the Court: territory the observation post of Las Concliitas which is situated 10 kilometers
(i) On September 28, 1983, a numerous contra group from Costa Rica soutti-west of Pefias Blancas.
attacked the villages of Cardenas, Sapoa and the customs office in Pelias
Blancas at 5.10a.m. The assault was rebuffed and the contras returned to Costa 12. Against the background of attacks which have becn described, thc
Rican territory from where they continued attacking the offices in Peiias attitude of the Ciovernnicnt of Nicaragua has been to try as much as possiblc
Blancas and surrounding areas. That action resulted in the death of three to avoid confroritations with the Costa Kican Government. To this effcct,
cfforts towards a pcaccful solution were rnade by means of direct bilateral
Nicaraguans, the wounding of nine others and the destruction of the customs c.oiivcrsafioris which rcsriltcd ;itthat tinie in the creation of the Mixctl
office. 6 BORDER AND TRANSBORDER ARMED ACTIONS
Commission: the Contadora Group helped to create a Commission for 4. Breaches of the Obligation of Custornary fnternational Law not lo
Prevention and Supervision ;and, with the good offices of France, two rounds fntervene in the Affairs of Another State
of negotiations were held in Paris in October 1984,with the purpose of creating 19. A significant element in the conduct of Costa Rica in the relevant period
a neutral zone betwecn the two countrics undcr international supervision. (as described above) has been the pattern of assistance to and toleration of the
13. All these efforts failed because of the position adopted by the Costa violent actions of armed bands of somocistas operating against Nicaragua froni
Rican authorities of not taking any specific measures against the activities of the
contras inside Costa Rican territory. bases within Honduras. The conduct of Costa Rica in this respect involves
serious and persistent violations of the well-established obligation of customary
international law not to intervene in the affairs of Nicaragua. The serious
çharacter of the violations is enhanced by the publicly proclaimed objective of
the contras and their supporters in Costa Rica to overthrow the Government of
Nicaragua.
14. On the basis of the abovc statcment of facts, Nicaragua claims that Costa
Kica has iricurrcd lcgal rcsponsibility for the brcach of major obligations arising 5. Hreuchesof the Obligation of Custornary fnternational Law not to Use
iiiidcr the United Nations Cliartcr and otlicr iiiultilatci-al trcatics, üiid also I'rorii Force uguir~stAnother Stare
the breach of certain wcll-cstablished obligations of custoniary international
!aw; The particular legal grounds on which Nicaragua bases its claim arc as 20. Thc policy of assistancc to thc aritied bands of somocistas adoptcd by
Costa Kica involvcs breaches of the obligation of customary international law
follows. iiûi io üse force against another Statc; and so also the direct attacks against
Nicaragua by the armed forces of Costa Kica constitute serious breacnes of iiiis
1. Breaches of the Charter of the United Nations same obligation.
15. The facts on which Nicaragua relies disclose serious and persistent 6. Breaches of the Obligation of Custornary International Law not to
violations of the provisions of the United Nations Charter, Article 2, paragraph Violate the Sovereignty ofAnother State
4, according to which al1Members of the United Nations shall refrain in their
international relations from the threat or use of force against the territorial 21. The policy of assistance to the armed bands of somocista adopted by
integrity or political independence of any State. In particular the assistance Costa Kica (as described above) constitutes breaches of the obligation not to
violate the sovereignty of another State.
provided by Costa Rica to the somocista armed bands in their attacks on the
territory of Nicaragua and its civilian population (as described above) constitute 7. Breuc.hesof the Obligation of Custornary International Law not to
, the use of force against the territory of Nicaragua. Kill, Wound or Kidnap the Citizens of Other States
2. Breaches of the Charter ofthe Organization of A~nericanStates 22. Thc conduct of Costa Kica (as described above) constitutes serious and
pcrsistcrit brcaches of tlic obligation iitidcr custornary international law not to
16. The acts of Costa Rica (as described abovc) constitute serious and kill, wourid or kidnap the citi~eris of other States.
persistent violations of the provisions of Article 18 of the Charter of the
Organization of American States, according to which Costa Rica is under the
obligation not to intervene directly or indirectly for any.reason whatsoever in
the internai or external affairs of Nicaragua, whether by armed force or by any 23. On the basis of the foregoing statemerit of facts and considerations of
other form of interference or attempted threat against .the personality of law, Nicaragua, reserving the right to supplement or to amend this Application
Nicaragua or against its political, economic or cultural elements. arid subject to the presentation to the Court of the relevant evidence and legal
17. The acts of Costa Rica also involve serious and persistent violations of argument, requests the Court to adjudge and declare as follows:
the provisions of Article 20 of the Charter of the Organization of Arnerican
States, according to which the territory of Nicaragua is inviolable and must not (u) that the acts and omissions of Costa Rica in the material period constitute
be subjected to military occupation or other forcible measures, directly or breaches of the various obligations of customary international law and the
indirectly, on any grounds whatever. treaties specified in the body of this Application for which the Republic of
Costa Rica bears lcgal rcsponsibility;
(1))that Costa Rica is under a duty immediately to cease and to refrain froni
3. Breaches of the American Treaty for the Peaceful Settlement [ofDis- ail such acts as niay constitute breaches of the foregoing legal obligations;
putes] (Pact of Bogota) (c' hat Costa Rica is under an obligation to make reparation to the Republic
of Nicaragua for al1irijury caused to Nicaragua by the breaches of obliga-
18. The acts of Costa Rica (as described above) constitute further serious and
persistent violations of the provisions of Article1 of the American Treaty for tions undcr the pertinent rulcs of customary international law and treaty
the Peaceful Settlernent of Disputes ("Pact of Bogota"), according to which provisions.
Costa Rica is under an obligation to abstain from the threat or use of force, or 24. Nicaragua reserves the right to present a request that the Court indicate
any coercion, as a means of settling disputes. iritcrirn measures of protection.8 BORDER AND TRANSBORDER ARMED ACTIONS
25. The Governmeni: of Nicaragua has designated the undersigned as its
Agent for the purposes. of these proceedings. Al1communications relating to
this case should be sent to the Embassy of the Republic of Nicaragua,
The Hague, Wattstraat 19.
Respectfully submitted,
(Signed)Carlos ARG~ELLO GOMEZ,
Agent of the Republic
of Nicaragua.
Application instituting proceedings