Nicaragua v. United States in the context of "Contras"

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⭐ Core Definition: Nicaragua v. United States

The Case Concerning the Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America) (1986) was a case where the International Court of Justice (ICJ) held that the U.S. had violated international law by supporting the Contras in their rebellion against the Sandinistas and by mining Nicaragua's harbors. The case was decided in favor of Nicaragua and against the United States with the awarding of reparations to Nicaragua.

The Court had 15 final decisions upon which it voted. The Court found in its verdict that the United States was "in breach of its obligations under customary international law not to use force against another State", "not to intervene in its affairs", "not to violate its sovereignty", "not to interrupt peaceful maritime commerce", and "in breach of its obligations under Article XIX of the Treaty of Friendship, Commerce and Navigation between the Parties signed at Managua on 21 January 1956." In Statement 9, the Court stated that while the U.S. encouraged human rights violations by the Contras by the manual entitled Psychological Operations in Guerrilla Warfare, this did not make such acts attributable to the U.S.

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Nicaragua v. United States in the context of Self-defence in international law

International law recognizes a right of self-defense according to the Chapter VII, Article 51 of the UN Charter, as the International Court of Justice (ICJ) affirmed in the Nicaragua Case on the use of force. Some commentators believe that the effect of Article 51 is only to preserve this right when an armed attack occurs, and that other acts of self-defence are banned by article 2(4). Another view is that Article 51 acknowledges the previously existing customary international law right and then proceeds to lay down procedures for the specific situation when an armed attack does occur. Under the latter interpretation, the legitimate use of self-defence in situations when an armed attack has not actually occurred is still permitted, as in the Caroline case noted below. Not every act of violence will constitute an armed attack. The ICJ has tried to clarify, in Nicaragua Case, what level of force is necessary to qualify as an armed attack.

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