INTERNATIONALCOURTOF JUSTlCE
DECLAMTION OF INTERVENTION
(Arti63oftheStaiute)
OF THE REPUBLIC OF EL SALVADOR
filedin Registof theCourt
on 1August1984
CASE CONCERNTNG MILLTARY AND
PARAMILITARY ACTIVITIES IN AND
AGAINST NICARAGUA
(NICARAGUAvUNITED STATESOF AMERICA)
COUR INTERNATIONALEDE JUSTICE
DÉCLARATION D'INTERVENTION
(arti63 dStatut)
-
DE LA REPUBLIQUED'EL SALVADOR
enregisauGreffde lCour
l15août 1984
AFFAIREDES ACTIVTTES MILITAIRES
ET PARAMILITAIRESAU NICARAGUA
ET CONTRE CELUI-CI
(NICARAGUA c. ÉTATS-UNISDAM~RIQUE)General List
No. 70
DECLARATION OF INTERVENTlON
OF THEREPUBLICOF EL SALVADOR
INTERVENTION PURSUANT TO ARTICLE 63 OF THE STATUTE
OF THE INTERNATIONAL COURT OF JUSïïCE
15 August 1984.
1.I have the honour to refer to the Application of 4 Apnl 1984filed bythe
Republic of Nicaragua against the United States of America.
The Government of Nicaragua, in a malicious and improper fashion, has
assured the Court that El Salvadordms not consider itself theobject of armed
attack from Nicaragua. In view of these false allegations, the Republic of El
Salvador has no alternative but to participate in the proceedings resulting from
Nicaragua's Applicat~onof 9 April 1984.
Pursuant toArticle63of the Siatute of theCourt and Article 82of theRulesof
. Court, the Republic of El Salvador hereby intemenes by right in the current
phaseof theproceeding';resultingfrom Nicaragua'sApplication of 9April 1984.
El Salvador makesthis intervention for the soleand limited purpose of arguing
that this Courtoes not havejunsdiction over Nicaragua's Application or the
claims set forth therein, that for multreasons the Court should declare itself
unable to proceed concerning such Application and claims, and that such
Application and daims are inadmissible.
El Salvador also wishesto participale in order to make it a matter of record
ihat contrary to what Nicaragua has asserted in its allegations in this case, El
Salvadorconsiders itself under the pressure of an effective armed attack on the
part ofNicaragua and feels theatened in its territorial àntegntyinits sover-
eignty. and in its independence, along with the oiher Central Amencan coun-
tries.This isproved bythe protests whichCentral American countries have made
against the Niçaraguan Government. In view of the political use which Nica-
ragua has attempted tomake of the International Court of Justice in its appli-
cation before the Court, El Salvador corneshere to affirm before the Interna-
tional Court ofJustice andbefore theentire world, the aggressionwhich it isa
victim through subversion that isdirected by Nicaragua, and thatendangers the
stabilityf the entire region.
II. In 1979,each day iitbecarne more apparent that the SomozaGovernment
was coHapsingand a new force, ostensibly dedicated to reform and progress,
would eventually assume power in the brother country of Nicaragua. For that
reason, many of us in ElSalvador looked withhope at our neighbour Nicaragua
during the spring and surnrner of 1979.When that moment arrived, we, along
with many other countries, were verypleased when the Sandinistas promised to
the Organization of American States, inJuly 1979,that theirgoalsfor Nicaragua
were peaceful and demmratic. Indeed, our hopes for anew cra of democracy,progress,reform,and an endto everyform ofrepression inCentral America were
manifested in the sarne year when our country also adopted a programme of
progressin accordance with popular ideds.
III. However,our hapes and expectations for anewera of peace and progress
were fruslrated, for very sooniibecame clear that Nicaragua had deceived its
people, Central America, and the democratic world.
In place of peace, the Sandinista Government of Nicaragua opted for aggres-
sion.Nicaragua has becorneconverted into an arrned camp whosemilitary forces
are cornpletely out of proporiion to its strict and legitimate security require-
ments.
Moreover,especiallyfor the Salvadonans, Nicaragua has ben converted Uitoa
base from which the terrorists seek the overthrow of the popularty elected
Government of our nation. They are directed, arrned. supplied, and trained by
Nicaragua to destroy theeconomy, create socialdestabilizaiion, and to keep the
people terrorized and under arrned atiack by subversives direcied and head-
quartered in Nicaragua. Despite al1of these interventions by Nicaragua, the
Government of El Salvador has not wanted to preseni any accusation or alle-
gation to any of thejurisdictions to.which we have a right to apply because we
were seeking. and wecontinue to seek,a solution of understanding and muiual
respect between the two nations, despite the facl that Nicaragua has on many
occasions used international fora ta attack and denigrate its neighbours. and
especially El Salvador.
On theotherhand, our nation cannoi, and must not, remain indifferent in the
face of this man~festaggressionand violent destabilization of the Sa~vadorian
society which oblige the State and the Government to legitimately defend
zhemselves.For that reason wehavesought andcontinue to seekassistance Crom
the United States of America andfrom other democratic nations of the world :
we needthat assistanceboth todefend ourselvesfromthisforeignaggressionthat
suppor-tssubversive terrorism in El Salvador, and to alleviate and rep~r the
economic damage that this conflict had created for us.
IV. The reality isthat weare the victimsof aggressionand armed attackfrom
Nicaragua and have been since at least 1980.oreover, even before the San-
dinistas assurned power in Nicaragua in July 1979,Nicaraguans and Cubans
were involved wirhthe subversivegroups in El Salvador, and used them for the
guerrilla warfase in Nicaragua in order to take and consolidate Sandinista
power.
V. Nicaraguan and Cubanofficiaiswork directly with alv va d gouri tas,
through the "Cornision Militar", to channel Nicaraguan military support io the
Farabundo Marti National Liberarion Front (FMLN).The "Comision Militar"
isunder thecontroi of the Minister of Defence,Humberto Ortega Saavedra, and
Sandinista Amy ChiefofStaffJoaquin Cuadra. The general headquarters of the
FMLN near Managua isthe command centre which directs guerrilla operations
and CO-ordinalesthe logistical support, including the provisionofmunitions,
clothes and money. As our former President, Alvaro Magana, said in a press
conference in Decemher1983 : "...Nicaragua is the launching pad for arrned
subversion in El Salvador." VI. The facts concerning the deaths, which wcurred in Apnl 1983in Mana-
gua, of ihe two Salvadorian subversive leaders, Melida Anaya Montes and
Cayetano Carpio, confimied once again the presence of the subversive leader-
ship of the FMLN in Nicaragua, and demonstrated their close ties with the
Sandinista leadership. In addition, Nicaraguaprovides houses and hideouts to
the subversivesof the FMLN, and cornmunicaiions facilities of the same group
are located in northwest Nicaragua. These facilitiesare used to pass instructions
and messages to subversive units in El Salvador.
VII. In addition to the entire terrorist training operation estahlished in Cuba,
sincemid- 1980the Sandinista National Liberation Front has made available to
the Salvadorian guemllas training sites in Nicaraguan territory. The training
includes small-unit tactics, experience with firearms and explosives, etc. These
training centres, managed by Cuban and Nlcareguan military personnel, have
been identified andlocated in ElParaiso, Jocote Dulce, Bosquesde Jilrto,and at
Kilometre 14on the.South Highway. The firsi two locations are situated in the
southem suburbs of Managua ; the second two are outside the ciiy.
(A) One Salvadorian subversive, who deserted to Honduras in September
1981,reporfed that he and 12other personnel went from Nicaragua to Cuba For
intensive mijitary training, where over 900 Salvadorians were ihen receiving
training.
(B) Severül subversives captured in a raid in Tegucigalpa, Honduras, in
November 1981,told Honduran authorities that the Nicaraguan Governrnent
had provided them with funds for their travel and with explosivesfor use in El
Salvador.
(C) In March 1983,Honduran security offici?ls surprised a group of Salva-
durian subversives travelling across Hondurascfrom El Salvador and on to
training camps in Nicaragua, whichprovesthat there are land infiltration routes
between Nicaragua and El Salvador.
YIII. A blatant form of Nicaraguan agression againsr El Salvador isthe
Sandinista involvement in supply operalions' for the FMLN subversives.
Al though thequantities ofarms and supplies, and theroutes used,Vary,there has
been a continuing flow of arms, ammunition, medicines, and clothing from
Nicaragua to our country.
(A) Clandestine deliveries of arms andmunitions by air and by sea are sent
from Cuba to El Salvador by way of Nicaragua,:where they are stored pending
their final delivery to the Salvadorian subversives.Such warehouses havbeeo
specificallyidentified and located in Managua.
(B) Direct supply flights were made from @icaragua, for the purpose of
supporting the insurgents, duringtheJanuary 1,981final offensive, which was
designed to overthrow the government of our country. (C} Theweaponsintercepted in Honduras havebeen identified asoriginating
fromweapons supplied to United States units in VietNam. Documents wehave
captured from subversivesoperating in our country indicate that they, with the
assistance of theGovernments of Nicaragua and Cuba, have negotiated arms
supply agreements withViet Nam and other Communlst countries,designating
Nicaragua as the vehicle and medium fordelivery.
A leader of the Armed Forces of National Resistance (FARN), çaprvred by
our regular forcesinAugust 1982,stated thar theNicaraguans weredelivering to
the subversives weapons provided by Viet Nam itNicaragua, and ctlnfirmed
other aspects of the support provided by the Sandinista National Liberation
Front to the subversives.
(D) We have positive proof of the use of FAL rifles and the munitions
manufactureciin Venezuela,which weredelivered,during the administration of
President Carlos Andres Ferez, to the Sandinista guerrillas who were fighting
against Somoza.Al1thesearms have been passed on by the Sandinista Govern-
ment tothe Salvadorian subversives.
(E) Another subversivecommander, captured in Honduras in August 1382,
confirrned that Nicaragua is the major supplier of arms and munitions to the
insurgcnts. One of hls cornrades had personally ohtained arms FromNicaragua
on rive occasions in that same year.
(F) Arms and munitions, including heavy weapons, are also provided ICthe
subversives notonly by land, but also by air anby sea from Nicaragua. These
weapons and other materiel are brought by seaacrossthe Gulf of Fonseca from
Nicaragua to our territory.
The weapons. munitions, and stores are transported by sea in fishing vessels,
and by small craft (calledcayucos)whichare powered bysmalloutboard motors
and have limited fuelsupplies, which proves conclusivelythat these supplies do
not corne lrom distant ports and that the short range of these vessedoes not
extend beyond Nicaraguan territory. For this reason, al1of thesupply pointsare
located on the beaches of south-east El Salvador.
(G) InMayofthisyear,DurArmed Forcesdestroyed asubversivecamp which
was an important element of the supply route, capiuring approximately 30
transport trucks, and maps showing these supply routes.
(H) In late 1983a United States reporter named Sam Dillon visiteda srnall
Nicaraguan port, called LaConcha, located about 60kilometres acrossthe Gulf
of Fonseca from El Salvador. Mr. Dillon reported that the residents of the
so-called"Fishing Co-operative" had - as traditional smugglers- introduced
since 1979largequantities ofweapons IntoElSalvador,under instructions of the
Nicaraguan Govemment.
(1) Seventy-three per cent of the 214 M-16 riftes captured on 21 July 1984,
from EMLN subversives, by the Salvadorian Armed Forces were onginaliy
delivered ibythe United States to VierNam. Documentation has recently been
prepared showingthe routes bywhich theseweaponsweretransported from Viet
Nam to Cuba,from Cuba to Managua, and from Managuato the FMLN, to El
Salvador.
(J) The former official of Nicaraguan securjty, Miguel Bolanos, has stated
that srnalliaircraft have been used to transport, materiel and armaments from
Nicaragua. (K) The presence of aircraft from Nicaragua increases noticeahly hefore the
launching of large-scale subversive operations.
IX. Nicaraguan officiais have publicty admi tted their direct involvement in
wagingwar onus. Foreign Minister MiguetD'Escoto,when pressed at a meeting
of the Foreign Ministers of the Contadora Group in July 1483, by our Foreign
Minister, Dr. Fidel Chavez Mena, on the issue of Nicaraguan materiel support
forthe subversionin ElSalvador, shamelesslyand openly admitted such support
in front ofhiscolleaguesof theContadora Group. That statement, made in tbose
particular circumstances, is signifiant, inasmuch as the interventionist attitude
of the Nicaraguan Government, in its eagerness to export subversion, not only
manifests itself in relation ta El Salvador, but also has had to do with muntries
such as Colombia, Costa Rica, Honduras and other Latin American countries,
with some of which it has hadserious problems. This is because Nicaragua, as
Nicaragua has itself recognizedofficially, has been convertcd into the centre of
exportation of revolution to al1of the countries in the area.
The Marxist international intervention has been thesubject of statements by
numerous political leaders, both those of Nicaragua as well as those of other
countries in the Marxist-Leninist revolutionary orbit: thus. the former Prime
MinisterofGrenada, Maurice Bishop,stated inaspeechof 19July 1989,during a
ceremony comrnemorating the first annivcrsary of the Sandinista Revolution,
that :
". . nowwe can speak notonly about a revolutionary Cuba,not only about
a revolutionary Nicaragua, but also about a revolutionary El Salvador, a
revolutionary Guatemala, and a revolutionary Honduras".
Moreover, Eidel Castro said :
". ..and weare certain that the Sandinista Revolution will teach us much,
just as weare certain that its example will have extraordinasy influence in
the rest of Latin Arnerica".
On 5 October 1480i, n San José, RafaelCordova, one of the fivemembers of
the Sandinista Junta, declared that :
". ..if the left wins(in El Salvador), and wecan do no la~sthan crave that
our Salvadorian cornrades will win, Guatemala dl fa11irnmediately Pke a
ripe fruit and in Nicaragua the Sandinista revolutionq process will
become established".
X. The most positive proof of Nicaraguan intervention and parlicipation in
the subversive process against El Salvador was shown tu the world the day of
10January 1981,whenthenational radio ofNicaragua, RadioSandino, wasused
foran entire dayasaninstrument ofdirect support, withharangues,instructions,
and,under the pretenceof giving the news, events were described bcfore they
occurred. Thisclearlydemonstrates Nicaragua's participation in theplanning of
the offensive.
XI. The damage caused to the economy, ta Our infrastructure, and to the
people of our country is immense and very difficult ta calculate. The cost inin the introduction of its Application, paragraph 13. Nicaragua founds its
principal c!aimagainst the Uriited Stateson supposed violations ofthe Charter
of the United Nations, the Charter of the Organita~ionof American States, the
Convention on Rights and Duties of States, and theConvention Relative to the
Duties and Rightsof States in the Event of Civil Stnfe. The pretension of
Nicaragua is that theUnited States 1sinvolvedin the useof armed force againsi
Nicaragua in violation of pertinent provisions of those multilateral treaties or
conventions.
Assuming arguendothe supposed validity of Nicaragua's jurisdictional alle-
gation, El Salvador also is a party to the Statute of the International Court,
having becorneso when it signed and ratified its participation in the Charter of
the United Nations. El Salvador beçarne a member of the Charter on the same
date. Ir becarne a member of the Organization of American States and ratified
that Convention on 16 June 1950. It became a rnernber of the Convention
Relativeto theDuties and Rightsof Statesinthe Eventof CivilSlrifeand ratified
ir on 25April 2935 .t ratified the Convention on Rightsand Duties of States on
25April 1936.Therefore, ElSalvador isparty to al1themultilateralconventions
on which Nicaragua alleges the jurisdictional basis of its substantive claims.
These treaties giveto El Salvador equally the Bght to demand that Nicaragua
ceasein its overt intervention in our interna1affairs, and El Salvador considers,
and this isa reason for intervening in thecase of Nicaraguav. the UnrledStures,
that al1these multilateral treaties and conventions constitute the lawful rnecha-
nisrns for the resolution of conflicts, having priority over the assumption of
jurisdiction by the International Court of Justice. This position hasn main-
tained by the Republic of El Salvador on other occasions, accepting the juris-
diction of the Organization of Amencan States, for example, in the confliçt
which we had with Honduras in 1969.On that occasion there was a resolution
and El Salvador respected that resolution. The spirit of that acceptance, which
involved a manifestation of our jusisdictional reservation wiih respect to the
Court at The Hague, was preciselyto respect the jurisdictional suprernacy of
multilateral conventions. I
In the opinion of El Salvador, therefore, it1snot possible for the Court to
adjudicate Nicaragua'sclaimsagainst the Untted States without determining the
legitimacy or the legality of any armed action inwhich Nicaragua daims the
United States has engaged and, hence, without determining the rights of El
Salvador and the United States to engage in collective actions of le~timate
defence. Nicaragua's daims against the United States are dircctly interrelated
with El Salvador's daims against Nicaragua.
Moreover, the Application of Nicaragua is inadmissible inasmuch as it is
based on a fallacy, which is to say that.El Salvador is not being affected by
Nicaragua's aciions in exporting subversion.
Any caseagainsrthe United States based on the aid provided by thaknation at
El Salvador's expressrequest, in order to exercise the legitimate act of self-
defence, cannor be carried out without involving some adjudication, acknow-
ledgment, or attribution of the rights whch any nation has under Article 51of
the United Nations Charter to act collectivelyin legitimatedefence.This rnakes
Inadmissiblejurisdictional action by the Court in the absence of the participa-
tion ofCentral Americaand specifically ElSalvador,inwhoseabsencethe Court
lacksjurisdiction.
Finally, El Salvador points to the fact that it has entered a reservation con-
cerningacceptance of theCourt'sjunsdiction, with spwific referenceto disputesrelating to facts or situations involving hostifities, armed conflicts, individual
or collective acts of tegitimate defence, resistance to agression, fulfifment of
obligations imposed by international organizations, and other similar acts,
measures, or situations in whch El Salvador is, has been, or rnight be an
involved party.
The other instance or levelofjurisdiction to which wehave made reference is
the political one.
x?. The current world situation suggests that, in addition io bilateral dis-
vuies. multinationalconflicts haveansen whichtraditional iuridical mechanisms
are inadequate to resolve,and new means of multilateral political dialogue are
beingsougtitthat would consider political, rnilitary,economîc, andinternational
factors as wellaslegalfactors. Thiscan be said of the codlicts in Asia Minor ; it
appliesmoreacutely to those betweenvarious nations of theMiddle East ;and it
is specifically [nie of the Central Arnerican conflict.
Inthis senseElSalvador states that initsvieweveryonehas acknowledgedthat
the Central American phenomenon has rnoved beyond the scope of simple
bilateral treatment and has bemme a regionalissueentailingthe participation of
multilateraI interests. In this casiiis ~lear that competent bodies such asthe
United Nations Sacurity Council and General kssembly and the Thirteenth
Meeting of Foreign Ministers of the Organization of Amencan States have had
to defer to a new instrument of good offices.
(A) Itis in line with this concept that fout Western Hemiphere countries -
Mexico,Colomhia, Venezuelaand Panama - iook an initiative and created the
instrument to deal with this crisis, which, as is well known,is called the Con-
tadora prmess. The five Central American countries - Guatemala, Honduras,
Costa Rica, ElSalvador and Nicaragua - have accepted thai political initiative
to settle the conflicts of the Central Amencan crisis, which, it must not be
ovetlooked, involvesother wuntries suchasCuba, Russia and the United States
itself.
(B) 1t should be recalled that al1parties of iihisgroup have accepted the 21
points of Contadoraand theother structural documents oE the process, in which
iscontemplated a solution by political consensus d each and every one of the
claimspresented by Nicaragua before the InternationalCourt of Justice, as well
as the claims ofthe ofher Central American nations against Nicaragua. This
arg;ment wouldsufficetodeern jurisdictional acùon by t& ~ourr inappropriate,
for it would fundamentally undermine the negotiations currently being carried
out within the Contadora process.
This process has been specificallyendorsed by the Secunty Council of the
United Nations and by the Organization of American States, and has thus far
enjoyedpublic support frompractically al1of thenations of theworld, tosuchan
extent that next Seplember a meeting will be held of the lour Contadora coun-
tries, the fiveCentral American countries, and the ten foreign ministers repre-
senting the European Economic Community, as well as Spain and Portugal,
within the general context of the framework established by Conkadora.
(C) ElSalvador considersthat it wouldbe veryhardul and inappropriate for
the Court io consider the Nicaraguan Application, for to do so would entai1
transferring the forum from the political forum: which isoneof understanding
land tolerance, to the forum of lepl confrontazion, whichhas other mechanisms
and other means of solution.
(D) It would also set a precedent on the hasis of which al1other nations
participating in the Central American conflict would have to resort to that
coerced judiciai jurisdiction which would give nse io multiple litigation with
ramifications which go beyond strictly juridical frameworks.
XVI. ln this intervention, presentedby El Salvadoron the bais of Article 63
of the Statute of the Court and Article 82 of the Rules of Court, El Salvador
placeson record its validpoints ofview regarding the interventionist atritudeof
Nicaragua and regarding the Court's lackof jurisdiction over this case and its
inadrnissibilityEl Salvador reserves its other rights under fhe Statute of the
Court and the Rulesof Çourt to makeits viewsknown and to assert its interests.
including the righrto file written pleadings in support of El Salvador's inter-
vention in this case.
In the name and on behalf of
theState of El Salvador,
(Srgned)Ivo P. ALYARENCA,
Ambassador Extraordinary and Plenipotentiaiy,
Agent to theInternational Court of Justice. 1,Ricardo Acevedo Peralta, declare and certify the following:
1. Jam ActingMinister of ForeignAffairs ofthe Republic of EiSalvador. My
officia1dutiesinclude participation ininternational marters which may affect El
Salvador. Myresponsibilities also concern the conduci of relations between El
Salvador and other wuntries, including the United States of America and the
Republic of Nicaragua.
2. The statements in our Declaration relative to the proceeding pending
before this Honourable Court belween Nicaragua and the United States of
America are true to the best of my knowledge. In the performance oF my
functions,1 have followedcloselyevents related io the referenced case through
documents obtained through officia! channels.
3. The facts relativetothe cornplaints against Nicaragua 1deem to he true,
based upon official information frorn our ministriesand organizations dealing
with derence.Therefore 1nffirm that the factscontained in our Declaration are
tsue torny best understanding.
(Signedl Ricardo ACEVEDP DERALTA,
Minister ol Foreign Affairs
of the Republic of El Salvador.
1 certify thatthe above is a toue and accurate translation of the affidavit
executed in Spanish byActing Foreign Minister Acevedo.
(S~gned)ivo P. ALVARENGA,
Agent of the Republic of El Salvador.
Declaration of Intervention of the Republic of El Salvador (Article 63 of the Statute)