CRANFIELD UNIVERSITY DAREN BOWYER JUST WAR DOCTRINE

Navigation with Nicaragua. The United States contested the ICJ’s jurisdiction and
when the Court ruled that it did have jurisdiction the US withdrew from any further part
in the proceedings. Thus, when the Court moved on to consider Merits, no
representation was made by the US as Respondent. The principle findings of the court 77
are summarised in Table 2-5.
Serial Alleged Activity Nature of Breach Contravening Decision
of the
1. Training, arming, equipping,
financing and supplying the
contra forces or otherwise
encouraging, supporting and
aiding military and paramilitary
activities in and against Nicaragua
2. Attacks on Nicaraguan territory in
1983-84 and those interventions
considered in Serial 1 that
involved force
3. Directing or authorizing
overflights of Nicaraguan territory
and certain acts at serial 4
immutable to the US
4. Laying mines in the internal or
territorial waters of Nicaragua
during the first months of 1984
90
Intervention in the
affairs of another
state
Use of force
against another
state
Violation of
sovereignty of
another state
Use of force
against another
state; intervention
in the affairs of
another state;
violation of
sovereignty of
another state;
interruption of
peaceful maritime
commerce
5. The acts listed at Serial 4 Breach of
obligations under
Article XIX of the
Treaty of
Friendship,
Commerce and
Navigation
between the
United States of
America and the
Republic of
6. Failing to make known the
existence and location of mines it
had laid
Nicaragua (1956)
Breach of
Obligations
Customary
International
Law
Customary
International
Law
Customary
International
Law
Customary
International
Law
Court
In favour †
by 12
votes to 3
In favour
by 12
votes to 3
In favour
by 12
votes to 3
In favour
by 12
votes to 3
Treaty Law In favour
by 14
votes to 1
Customary
International
Law
In favour
by 14 to 1
7. Production of a guerrilla training Encouraging General In favour
* At that time an independent state.
† i.e. of the plaintive (Nicaragua).