Nicaragua’s Appeal to United Nations Security Council (UNSC)
On 29 March 1984, the representative of Nicaragua to the UN requested a meeting of the Security Council to consider the acts of aggression against his country. The Nicaraguan appeal concerned the USA’s military presence in a neighboring country, its organization for aggression, USA’s military maneuvers, mining of the Nicaraguan ports amounting to full economic blockade of the country, and the USA’s finance to the mercenaries of the CIA.
The Nicaraguan objective was to obtain a UNSC resolution condemning the USA’s actions in Central America, especially on the alleged mining of Nicaragua’s major harbors. A draft resolution condemning the mining of harbors and securing Nicaragua’s right to be free from outside intervention (the draft did not mention the USA as an aggressor) was brought to the council. On the voting that took place on 04 April 1984, the Great Britain abstained and the USA vetoed the enactment of the resolution. Despite strong support from the USSR, China and France, owing to the negative vote cast by a permanent member, the USA, the draft resolution was not adopted.
Essentially, one can argue that the draft resolution refers to the UN Charter Article 2/4 that secures state’s sovereignty in the international law, and Nicaragua aims at convicting the USA with the very crucial principles of the UN system. As there is a big discussion on the differentiation of “political” and “legal” issues in international law, Nicaragua’s at...
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...icaragua, as well as discontinuing all other means of use of force in its relation with Nicaragua. In effect, by these claims Nicaragua requested the application of a series of provisional measures pursuant to Article 41of ICJ Statute, clearly being an example of incidental jurisdiction on the part of the ICJ.
On the other hand, Nicaragua also asked for reparations for the damage inflicted on the persons, property and the Nicaraguan economy as a result of the USA’s direct and indirect actions against the country. By asking the ICJ to indicate interim measures of protection and by inviting it to intervene, Nicaragua aimed that the case is in the classification of an incidental jurisdiction. Moreover, by prohibiting use of force against Nicaragua’s sovereignty, the ICJ would be in a position to declare that US violated UN Charter and customary international law.
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