Americas 175

Chapter VI

The situation in was considered ideologies, attempts to impose unilateral solutions in 1986 by the Security Council and the General to the region’s problems and the resort to force, the Assembly, with both bodies addressing specific disputes Secretary-General, in his annual report on the between countries. The Assembly also dealt with Organization’s work (see p. 3), believed that only the question as a whole. by insulating the situation from the East-West conflict The Secretary-General reported on the situation and seeking a Latin American solution that took in July, including the status of regional and inter- account of the economic and social needs of the area national peace efforts and assistance to resolve the could a genuine settlement be achieved. widespread conflict and to mitigate the resultant Communications (January-3 July). The 1986 suffering. The Assembly in November, by resolu- communications to the Secretary-General on the tion 41/37, reaffirmed that a solution of the con- Central America situation-mostly in the form of flict required all States to respect international law, communiques and declarations-concerned the peace reiterated support for the Contadora peace activities, efforts of the (Colombia, Mex- requested perseverance in those efforts and urged ico, , Venezuela) and of the Contadora Support States to continue supporting them. Group (Argentina, Brazil, Peru, Uruguay) established The Council convened four times during the year in July 1985.(1) Th eir focus was on two documents: at ’s request. Early in July and in Oc- a Message for Peace, Security and Democracy in tober it considered the dispute which had been the Central America, referred to as the Caraballeda subject of a Judgment of the International Court Message; and a revised draft comprehensive agreement of Justice (ICJ) on 27 June in the case brought by entitled Act on Peace and Co-operation in Central Nicaragua against the . Draft resolutions America, first proposed in 1984(2) and commonly by which the Council would have called for full and referred to as the Contadora Act. Other 1986 com- immediate compliance with the Judgment in con- munications dealt with disputes between Nicara- formity with relevant provisions of the Charter of gua and several other States (see below, under the the United Nations were not adopted due to the relevant subject headings). negative vote of a permanent Council member. How- The President of Nicaragua, by a 9 January 3 ever, in November, the Assembly adopted resolu- note,( ) addressing the Presidents of the countries tion 41/31, containing such a provision. Later in of the Contadora and Support Groups, reiterated July and again in December, the Council consid- that regional peace prospects depended on an un- ered Nicaragua’s complaints of aggression against derstanding between Nicaragua and the United States, it and incidents in Central America endangering to be reached through bilateral dialogue. To that international peace. Following a September report end, Nicaragua put forward several proposals to on measures undertaken to reduce the negative effects facilitate the Groups’ negotiating process: that a of the embargo imposed against Nicaragua, meeting be arranged between the United States the Assembly in December invited continuation of Secretary of State and Nicaragua’s Minister for Foreign such measures and requested that the embargo be Affairs; that a general treaty be negotiated among immediately revoked (resolution 41/164). Central American States embodying the fundamental The agenda item on the observance of the principles of international law, to be concluded at quincentenary of the discovery of America was deleted a presidential meeting in May; and that bilateral from the Assembly’s agenda for its 1986 regular session. peace agreements be concluded between Central Earlier, at its resumed 1985 session on 15 September American States and other machinery, such as mixed 1986, the Assembly, by decision 40/480, had de- commissions, be set up. ferred the item to its 1986 regular session. A Message for Peace, Security and Democracy in Central America was issued by the Foreign Ministers of the Contadora Group and its Support Group on 12 January, at the conclusion of their two-day meeting at Caraballeda, Venezuela.(4) The Ministers defined Central America situation the lasting foundations for peace in Central America, outlined a series of actions necessary to consolidate Noting the deterioration in the Central America them, and pledged efforts to accelerate negotiations situation, with the increasing intrusion of conflicting for the speedy signing of the Contadora Act.(5) 176 Political and security questions

In a 16 January communiqué,(6) Nicaragua Caraballeda Message, and repeated the imperative stated that its President exchanged views with the of ending external aid to irregular forces and in- President of on the occasion of his in- surgent movements operating in various countries auguration, and with those of Colombia, El in the region if order was to be restored. Salvador and Panama, as well as with the In a communique issued at the end of a joint President-elect of , on inter alia the cur- meeting (Panama City, 5-7 April),(13) the Foreign rent status of the Central American negotiating Ministers of the two Groups reaffirmed that the process; he expressed support for the Caraballeda Contadora-sponsored process of diplomatic Message and confirmed Nicarag ua’s position, as negotiation was the only feasible means of secur- contained in a 1985 declaration, 5),( that a solution ing political understanding and, together with the would be effective only when the United States Contadora Act when signed and in force, was the ceased attacking Nicaragua, directly or indirectly, basis for peace in the region; they thus invited the covertly or by any other means. five Central American States (, El Two documents-the Guatemala Declaration of Salvador, Guatemala, Honduras, Nicaragua) to 14 January, signed by the Foreign Ministers of a 6 June meeting at Panama City to resolve the Costa Rica, , Guatemala, Honduras two outstanding aspects of the Act-control and and Nicaragua; and the Presidents’ Declaration reduction of armaments, and international of 15 January, signed by the Presidents of El manoeuvres-so that the Act might finally Salvador, Guatemala, Nicaragua and Panama and be adopted and brought into force. the President-elect of Honduras-were transmit- Nicaragua, in its response of 11 April,(14) ted by Guatemala on 17 January.(7) By the first, agreed to sign the Act at the proposed 6 June the Ministers expressed support for the meeting once the oustanding issues had been re- Caraballeda Message and reiterated their coun- solved, and provided that by then United States tries’ readiness to achieve peace and stability based aggression against Nicaragua had ceased com- on the Contadora Act; by the second, the pletely, in keeping with the “simultaneity” pro- Presidents reiterated their confidence in dialogue vided for in the Caraballeda Message. Honduras and negotiation, and support for the Contadora on 11 April,(15) reaffirmed its political will to bring peace process. negotiations on the Act to a conclusion so as to The 12-member European Community (EC), in join in its signing at the meeting. a joint statement of 20 January,(8) welcomed both Guatemala confirmed on 16 April(16) that, as the Caraballeda Message as a confirmation of the decided by the Foreign Ministers of the five Cen- balanced and comprehensive approach of the Con- tral American States, a meeting of their tadora efforts in promoting a negotiated settlement Presidents-to which the President of Panama of the conflicts in Central America, and the would be invited-would take place at Esquipulas, Guatemala Declaration’s endorsement of the Guatemala, on 24 and 25 May; it also outlined Message. China expressed similar sentiments and the meeting’s agenda: mechanisms for political pledged support for the Contadora peace efforts negotiation and for regional security; creation of in a 22 January Foreign Ministry statement,(9) as a Central American Parliament; restructuring for did Japan’s Foreign Ministry in a 30 January the region’s economic and social integration; and statement.(10) intraregional trade and solving Central American Honduras, on 21 February,(11) drew attention to debt. its position on the Caraballeda Message, made The Ministerial Meeting of the Co-ordinating known at the meeting of plenipotentiaries of Cen- Bureau of the Movement of Non-Aligned Coun- tral America, sponsored by the Contadora Group tries (New Delhi, India, 16-19 April),(17) adopted (Panama City, 14 and 15 February): the Message a Political Declaration, which commented on, gave impetus to renewing negotiations to finalize among other matters, developments throughout the Contadora Act, filled the diplomatic vacuum . The Ministers, besides calling a created by Nicaragua’s refusal to continue halt to all hostile actions against Nicaragua and negotiating unless it had a prior security agree- urging the United States to resume bilateral ment with the United States, and opened new negotiations with it, welcomed the peace initiatives political opportunities for bilateral negotiations be- of the Contadora and Support Groups, par- tween that country and Nicaragua. ticularly the Caraballeda Message, and hoped that The Foreign Ministers of the Contadora and implementation of the simultaneous action envis- Support Groups, by a communique issued on 28 aged in the Message would lead to a resumption February at Punta de1 Este, Uruguay,(12) stressed of the negotiation process essential for the peaceful the importance of, among other things, normaliz- solution of the Central American crisis. ing relations between Costa Rica and Nicaragua The Presidents and heads of special missions of (see p. 180), finalizing the Contadora Act and giv- the members of the Contadora and Support ing effect to the actions outlined by the Groups, by a communique issued on 8 May at San Americas 177

José Costa Rica,(18) made clear that Latin decided to hold regular meetings to address urgent America was capable of solving its own problems, problems of peace and development, to undertake urged the speedy conclusion of the Contadora Act, efforts towards understanding and co-operation and resolved to continue working to attain peace and, to that end, agreed to establish a freely-elected in the region and to join in efforts to ensure im- Central American Parliament as the focal point; plementation of any agreements to be concluded to achieve peace through a democratic process that at the forthcoming Esquipulas meeting. was pluralistic and participatory and without out- Nicaragua, by an official proposal of 15 Ma side interference; and to review, update and give which was submitted to the Contadora Group,(19 ) new impetus to the processes of economic and outlined specific and detailed commitments to be social integration of Central America. assumed for the prompt finalization of the Con- Nicaragua, on 2 June,(25) supplemented its 15 tadora Act, with respect to: prohibiting interna- May proposals(19) with a list of offensive weapons tional military manoeuvres; ceasing the arms which it was prepared to reduce, limit, regulate buildup in the region; dismantling foreign military or do without, adding that this represented a fur- bases, schools or related installations; withdraw- ther effort by Nicaragua to finalize negotiations ing foreign military or security advisers; pro- on the Contadora Act. hibiting arms trafficking; ending support for ir- Costa Rica, by a 3 June communiqué,(26) regular forces and for acts of terrorism, subversion noting that the Esquipulas meeting showed serious or sabotage; and establishing a regional system of differences between Nicaragua and the other direct communication. participants-Costa Rica, El Salvador, Guatemala The plenipotentiaries of Costa Rica, El and Honduras-agreed that the political systems Salvador, Guatemala and Honduras, meeting in of the countries of the isthmus must be pluralistic a joint session of the Contadora Group and Cen- and participatory; it stressed that the Contadora tral American countries (Panama City, 16-18 mediation process should not be prolonged in- May), issued a joint communique on 18 May.(20) definitely but should become an effective instru- The session discussed the two outstanding issues ment for peace in Central America; it expressed of the Contadora Act in the light of proposals sub- satisfaction that the Central American Govern- mitted by the Group, Honduras and Nicaragua ments were prepared to assume the commitments and by Costa Rica and Guatemala jointly; the Nic- envisaged by the Contadora Act. araguan proposal stipulated that negotiations on The positions of the five Central American limitation of armaments and troop strength should States on the two outstanding issues of the Con- take place after the signing of the Act, while the tadora Act-military manoeuvres and control and Costa Rica-Guatemala proposal, endorsed by El limitation of armaments-were given in detail in Salvador and Honduras, was regarded as pro- a document that emerged from a meeting con- viding maximum freedom to the five Central vened to discuss those issues (New York, 29 American States to fulfil their security needs while May).(27) averting an endless arms spiral. The text of the In a message issued at the end of a meeting with joint proposal was transmitted on 27 May(21) by the Central American Foreign Ministers (Panama Honduras, which stated that it had been com- City, 6 and 7 June),(28) the Foreign Ministers of the municated to the Organization of American States 22 Contadora and Support Groups reported that the (OAS). In a 29 May press release,( ) Honduras Contadora Act had been redrafted to take account asserted that the meeting of plenipotentiaries had of those positions and sent for comment to the five ended in an impasse due to Nicaragua’s inflexi- Central American States. They emphasized that ble position and its unwillingness to negotiate com- three fundamental commitments should be accepted prehensively on the armaments issue. for the Contadora process to proceed: not to per- On the eve of the Esquipulas summit on 23 mit the use of a country’s territory as a base for May, the 12 EC members issued a joint state- attacks on another, or for providing military or ment,(23) stating that the moment had arrived to logistical support to irregular forces or subversive conclude the sustained efforts of all involved by groups; not to become a member of military or reaching final agreement on the Contadora Act political alliances threatening regional peace and and appealing to the five Central American States security so as not to draw the region into the East- to sign it. West conflict; and no Power should support irregular The Presidents of those five States adopted the forces or subversive groups, or use or threaten to Esquipulas Declaration at the conclusion of their use force to overthrow any Government in the area. meeting (Esquipulas, Guatemala, 24 and 25 In addition, peace should be consolidated through May),( 24) by which they indicated their will- pluralistic democracy, with majority government ingness to sign the Act and comply with its provi- guaranteeing freedoms and fundamental rights of sions, stating that the various proposals put for- all citizens, and accompanied by economic and social ward were sufficient to facilitate its signing. They development. 178 Political and security questions

Earlier, Bolivia and Peru, by a joint communi- zil and Uruguay, and with the Foreign Minister que signed at La Paz on 3 June,(29) reiterated of Peru in February and June. On 26 June, he their belief that a viable solution to the Central received a visit from the Contadora Foreign America crisis, which foreign interference ag- Ministers who informed him about the status of gravated and made difficult to solve, could emerge Contadora negotiations and activities since their only from the joint efforts of the region’s countries 1985 visit(5) and handed him the final version of and from the Contadora peace negotiations. the Act on Peace and Co-operation in Central Honduras, in a 13 June press release,(30) stated America and other relevant documents. that the revised draft Act contained obligations The Secretary-General was informed of the that were unreasonable and insufficient to guar- main changes in the new version of the Act, in par- antee Honduran security. Honduras reiterated its ticular the two points on which agreement had to readiness to continue to explore new formulae that be reached: military manoeuvres and the control would guarantee the legitimate interests of all and verification of armaments. The new formula- States. The Government’s position was presented tions did not reflect the viewpoints of any State to the nation by the Foreign Minister in a televised of the region, but rather represented an effort to address on 4 July and in a statement by the Hon- harmonize the proposals submitted by the Cen- duran plenipotentiary to the Contadora tral American countries. The substantive aspects negotiations-the texts of which were transmitted of the Act having been resolved and agreed upon, on 9 July.(31) The statement explained that the only procedural and operational matters would be revised text did not specify the limits and discussed at the next round of negotiations. The timetables for weapon and troop reduction, defer- Ministers emphasized the difficulties of the Cen- ring negotiations on the issue until after the Act’s tral American countries in finding formulae to entry into force; it set out an uncertain procedure reconcile their national security interests with for those negotiations, with no regard for the prin- those of the region as a whole, and with problems ciples of reciprocity and simultaneity. created by increasing military activities. In ex- Nicaragua’s Foreign Minister, by a 17 June pressing concern over outside pressures on certain note,(32) informed his counterparts of the Con- of the countries, they stressed that countries out- tadora and Support Groups that Nicaragua, hav- side the region with interests in it should help to ing studied the revised draft, had always indicated create a climate of mutual confidence that would its readiness to sign the Act in the spirit of the preclude any unilateral solution, particularly one Caraballeda Message, was prepared to provide an imposed by force. inventory of 14 categories of military items with The Secretary-General paid tribute to the Con- an accompanying “factor chart”, and concurred tadora Group for its efforts to bring about lasting with the three commitments specified by the peace in Central America, underscoring that, with 28 Groups on 7 June( ) as necessary to advance the the Support Group’s backing, it had been a peace process. restraining force and had helped avoid an overall Guatemala, on 3 July,(33) transmitted a docu- deterioration of the situation. In drawing atten- ment indicating that, on 26 June, at the end of tion to the ICJ ruling handed down on 27 June a two-day meeting at Guatemala City, the Vice- 1986, in the case of Nicaragua v. the United States, Presidents of the Central American States, follow- he pointed out that the Court had decided that it ing up on the 25 May Esquipulas Declaration,(24) was competent to rule on the case. approved the establishment of a 25-member The Secretary-General mentioned as positive preparatory commission to prepare a draft treaty elements in an otherwise gloomy situation the elec- for the creation of a Central American Parliament, tions held in Honduras, Guatemala and Costa and set 14 July for the commission’s installation Rica, the preparation of a draft constitution in in Guatemala City and 15 October for the draft Nicaragua, the meetings of the five Central treaty’s circulation to the Central American States American Presidents held in Guatemala in for comment. January(7 ) and May,(24) and the high-level Report of the Secretary-General. Pursuant to meetings by those countries held with increasing a 1985 Security Council request,(34) the Secretary- frequency. He especially welcomed the decision to General in July 1986 reported on the situation in set up a freely-elected Central American Parlia- Central America.(35) ment. He regarded as a hopeful sign the an- He stated that, since his 1985 report,(5) he had nouncement of a possible round of talks between maintained frequent contacts with the live Cen- the Government of El Salvador and the Frente tral American countries and with the Contadora Democrático Revolucionario-Frente Farabundo Group and Support Group. During his visit to Martí de Liberación Nacional, and as encourag- between 30 March and 7 April ing the convergence between the five Central 1986, he discussed the situation with the Presidents American countries and the Contadora and Sup- and Foreign Ministers of Argentina, Bolivia, Bra- port Groups regarding the elements on which a Americas 179 comprehensive settlement of the conflicts in Cen- the Act include an effective system for the verifica- tral America should be based.(28) tion of all the commitments, in particular the The Secretary-General appealed to the countries political ones; to be effective, this required a se- of the region and to those with interests there to ries of agreements and a set of instruments to be implement those elements without delay, fully and embodied in the Act as the “Contadora System”, simultaneously, and to act according to interna- involving the parties, the Contadora and Support tional law so as to break the continuing aggrava- Groups and all other nations interested in the re- tion of the Central America crisis, the steady gion’s peace and security. ideologization of the conflict and its consequent Costa Rica’s Foreign Minister, also commenting inclusion in the East-West struggle, and the threat on the revised text in a 15 July letter,(39) proposed of widespread conflict in the region. He reiterated that a mandatory timetable for continuing follow- his readiness to make any contribution towards up should be drawn up and annexed to the Act solving the crisis. to ensure verifiable fulfilment of the Act’s substan- He drew attention to the region’s severe tive commitments; control and limitation of arms economic recession during the current decade, and troop strength should be negotiated and with the result that the inherently uneven income established before, not after, the Act’s entry into distribution of most of the countries had become force; and the functions of the Ad Hoc Committee more uneven still, and the number of those living for Evaluation and Follow-up of Commitments in desperate poverty had dramatically increased. concerning Political Matters should include Various United Nations agencies had increased preparation of annual or special reports to evaluate their efforts to mitigate the difficulties, spending measures adopted by the parties to enhance a yearly average of some $100 million in the first representative and pluralistic democracy, to co- half of the 1980s, in addition to assistance to the operate with the parties to promote national recon- growing number of Central Americans forced to ciliation where necessary, and to follow up on the leave their countries, who numbered 121,900 by commitment to improve legal measures for genu- the end of May 1986. The Secretary-General con- ine amnesty. sidered it imperative to devise promptly a co- In a Declaration issued on 1 October,(40) the ordinated plan of large-scale assistance to the five Foreign Ministers of the Contadora and Support countries of the region, to help them overcome Groups, noting that the Central America crisis was their economic crisis and transform their unjust becoming more serious and that the risk of war socio-economic structures, which were at the root was increasing, declared it imperative to abandon of the region’s current political crisis. confrontation and stressed that preventing war was Annexed to the report were: a 26 June letter a task for all politically responsible Governments from the Foreign Ministers of Colombia, Mexico, and individuals. Panama and Venezuela, providing background in- By a communique issued by the twelfth regular formation on the status of the diplomatic negotia- meeting of the Council of the Latin American tions which their Governments had been pro- Economic System (Lima, Peru, 16 and 17 Oc- moting since their 26 September 1985 letter;(36) tober),(4l) the Council rejected the repeated ap- the final version of the Contadora Act on Peace plication of coercive economic and financial and Co-operation in Central America; a 10 measures for political or other motives, including February communique issued at Washington, economic embargoes and blockades against coun- D.C., by the Foreign Ministers of the Contadora tries in Latin America, and reaffirmed the right and Support Groups, proposing measures for im- of the peoples to select their own political, mediate action to bring about the peace, security economic and social system, free from external and democratic development of Central America; threat and aggression,. and a 24 February press release on a proposal by A document titled the San Juan Declaration was Costa Rica to Nicaragua for the stationing of a issued at the end of a seminar on the crisis in Cen- permanent inspection and monitoring force at tral America, held under the joint auspices of the their common border (see also p. 180). Inter-American University of Puerto Rico and the Communications (15 July-November). El University for Peace (San Juan, Puerto Rico, 7 Salvador’s Vice-President and Foreign Minister, November).(42) B y the Declaration, the par- commenting on the revised Contadora Act in a 9 ticipating statesmen, politicians and academics July note,(37 ) stated that the Act as redrafted acknowledged that the crisis was structural- failed to reflect the agreed conditions for its adop- rooted mainly in East-West and North-South con- tion under the 1983 Contadora Document of Ob- flicts, socio-economic imbalances, extreme social jectives,(38) specifically with respect to stopping differences, lack of traditional democratic struc- the and negotiations for the control and tures, and political, economic and cultural reduction of armed troops and current stocks of dependence-requiring far-reaching corrective ac- weapons. El Salvador considered it essential that tion, and that the region’s countries were capable 180 Political and security questions of solving their problems without outside in- American States, meeting in Gu.atemala, which, inter terference. The participants supported the Con- alia, requested the Contadora Group and the Support tadora Declaration(40) and Guatemala’s efforts to Group to persevere in their valuable efforts to achieve establish a Central American Parliament.(33) peace in Central America, and urged all States to con- tinue to give them their resolute support, Convinced that the peoples of Latin America wish to GENERAL ASSEMBLY ACTION achieve peace, development and justice without outside At its resumed fortieth (1985) session, on 15 interference, in accordance with their own decision and September 1986, the General Assembly decided their own historical experience, and without sacrificing to include in the draft agenda of its forty-first ses- the principles of self-determination and non- sion the item on the situation in Central America intervention, (decision 40/479). Convinced that it is imperative to avoid a war in Cen- tral America, and that this is primarily the responsibility At that session, on 18 November 1986, the of the Governments directly or indirectly involved in the General Assembly adopted resolution 41/37 with- conflict, as well as a task for all politically responsible out vote. Governments and individuals who are prepared to de- fend the cause of peace, The situation in Central America: threats 1. Reaffirms its conviction that the global, comprehen- to international peace and security sive and negotiated solution of the conflict in Central and peace initiatives America requires that all States fully respect the prin- The General Assembly, ciples of international law enshrined in the Charter of Recalling Security Council resolution 530(1983) of 19 the United Nations; May 1983, in which the Council reaffirmed the right 2. Acknowledges the commendable efforts being made of all the countries of the Central American region to by the Contadora Group and the Support Group with live in peace and security, free from outside interference, a view to achieving peace in Central America; Recalling that the Security Council, in that resolution, 3. Reiterates its support for the peace activities of the encouraged the efforts of the Contadora Group and ap- Contadora Group and the Support Group and requests pealed urgently to all interested States in and outside them to persevere in their valuable efforts, and urges the region to co-operate fully with the Group, through all States to continue to give them their resolute support; a frank and constructive dialogue, so as to achieve solu- 4. Requests the Secretary-General to report to the tions to existing differences, General Assembly at its forty-second session on the im- Recalling its resolution 38/10 of 11 November 1983, in plementation of the present resolution; which the Assembly, inter alia, expressed its firmest sup- 5. Decides to include in the provisional agenda of its port for the Contadora Group and urged it to persevere forty-second session the item entitled “The situation in in its efforts, which enjoy the effective support of the Central America: threats to international peace and international community and the forthright co-operation security and peace initiatives”. of the interested countries in and outside the region, Recalling also its resolution 39/4 of 26 October 1984, General Assembly resolution 41/37 in which the Assembly, inter alia, urged each of the five 18 November 1986 Meeting 75 Adopted without vote Central American Governments to speed up its consulta- 8-nation draft (A/41/L34); agenda item 42. tions with the Contadora Group with the aim of bring- Sponsors: Argentina, Brazil, Colombia, Mexico, Panama, Peru, Uruguay, Venezuela. Meeting numbers. GA 41st session: plenary 72-75. ing to a conclusion the negotiation process, and to re- spect fully the purposes and principles of the Contadora Act on Peace and Co-operation in Central America, Nicaragua situation Recalling Security Council resolution 562(1985) of 10 May 1985, in which the Council called upon all States Costa Rica-Nicaragua dispute to refrain from carrying out, supporting or promoting Several 1986 communications received by the political, economic or military actions of any kind Secretary-General concerned armed incidents at against any State in the region which might impede the the border between Costa Rica and Nicaragua, a peace objectives of the Contadora Group, declared intention by both to prevent such in- Taking note of the various reports submitted by the Secretary-General in pursuance of General Assembly cidents, and proceedings instituted in ICJ by Nic- resolution 39/4, aragua against Costa Rica. Other communications Sharing the concern of the Latin American countries at on the Central America situation as a whole also the worsening of the situation in Central America and dealt with relations between the two countries (see its possible implications for the entire region, which the p. 175). Ministers for Foreign Affairs of the Contadora Group Communications. The Deputy Foreign and the Support Group expressed in their Declaration Ministers of Nicaragua and Costa Rica, by a joint of 1 October 1986, agreement signed at San José on 12 March,(43) Agreeing with that Declaration that the worsening of expressed the political will of their Governments the crisis in Central America can create serious tensions to establish a permanent civilian mission to in- and conflicts throughout the continent, and that the peace of Central America is therefore the peace of Latin vestigate and inspect frontier incidents between the America, two countries. They defined the mission’s func- Bearing in mind the resolution adopted on 14 November tions, structure and composition, security, supplies 1986 by the General Assembly of the Organization of and financing, and immunities and privileges, and Americas 181 specified that an agreement creating the mission ritory, and to avoid endangering peace between would be valid for one year, renewable them and jeopardizing the Contadora peace ef- automatically for equivalent periods. forts, adding that its troops had been transported Costa Rica’s President issued a statement on 17 by air with support from the United States in ac- March(44) to make clear that Costa Rica had not cordance with an agreement with that country. By signed any agreement with Nicaragua, but that a 25 March letter,(51) Honduras denounced the what was put into writing was the basis for a incursions and again urged Nicaragua to withdraw potential agreement; he stressed that any solution its troops. of the border question would necessarily be tem- Nicaragua’s Foreign Minister, by a 25 March porary, pending conclusion of a general agreement communication to the Foreign Ministers of the of the kind contemplated in the Contadora Act. Contadora Group,(52) requested that the Group Costa Rica’s Acting Foreign Minister, by a 30 establish forthwith a commission to supervise and July note,(45) protested to Nicaragua’s Foreign control the Honduras-Nicaragua border territory, Minister an alleged mortar attack on Costa Rican in view of what it said was the United States at- territory in the Boca de San Carlos region, tempt to create a serious situation of tension there. launched from Nicaraguan territory controlled by Honduras, by a press release of 29 July,(53) re- the Sandinist People’s Army, and asked Nicara- ported that, on the previous day, its Foreign gua to investigate and punish those responsible. Ministry had been notified by ICJ that Nicaragua Costa Rica’s Foreign Ministry, in a 1 August had filed an Application with the Court’s Registry 46 communiqué,( ) stated that it had received notice that day instituting proceedings against Honduras; on 28 July that Nicaragua had instituted pro- the political implications of this initiative were ceedings against Costa Rica in ICJ, alleging its being studied, particularly in the light of efforts complicity in United States activities that were by Honduras to find a negotiated solution to the detrimental to Nicaragua (see LEGAL QUESTIONS, Central America crisis. Chapter I). Rejecting the accusation as un- Nicaragua’s Foreign Minister, by a note of 8 founded, Costa Rica stressed its strict neutrality. December,(54) protested to the Foreign Minister of Costa Rica’s Foreign Minister, by a 16 Honduras an alleged violation of Nicaragua’s 47 December note,( ) protested to Nicaragua that airspace on 7 December by live lighter planes com- on 1 and 10 December several civilians had been ing from Honduras and attacks on civilian and shot at and wounded by Sandinist soldiers firing military targets, involving three of the planes that across the San Juan Abajo River. attacked positions of the Sandinist People’s Army in Congojas valley, north-east of Murra in Nueva Honduras-Nicaragua dispute Segovia, and two others that later attacked the Further communications were received by the village of Wiwilí, 25 kilometres from the border Secretary-General and the Security Council Presi- with Honduras. The toll included 7 army person- dent in 1986 from Honduras and Nicaragua alleg- nel killed and 12 others wounded; 2 village children ing hostile cross-border incidents, and Nicaragua were also wounded. filed a complaint with ICJ against Honduras. Honduras responded on 15 December(55) that, Communications. The Minister for Foreign Af- contrary to Nicaragua’s claim, its Air Force went fairs of Nicaragua, by a letter of 7 January,(48) into action on 7 December against the Sandinist conveyed an urgent appeal to the Foreign Minis- People’s Army positioned in Honduran territory ter of Honduras for the immediate and uncondi- in the Maquengales, Buenavista and La Esperanza tional return of an AN-2 Nicaraguan aircraft it zones in the district of Trojes, El Paraíso. Hon- alleged had been hijacked to Honduras late in duras reminded Nicaragua that it had advised of 1985, for the perpetrator’s extradition and for the its intention to take action in defence of its national repatriation of Nicaraguans being held in Hon- territory if the Sandinist troops were not duras. Honduras replied on 8 January(49) that ar- withdrawn from Honduras; at no time, however, rangements were being made for the return of the did it attack positions in Nicaraguan territory. aircraft that had been flown to Toncontín airport Honduras informed the Secretary-General on and that a decision would be taken on whether the 16 December(56) that on that day Nicaragua was pilot should be granted political asylum, as he had to begin military manoeuvres known as SUTIAVA requested, or sent to a third country. 86 in the departments of León and Chinandega, Honduras, by a press communique of 25 especially in the zones of Las Manos, Guasaule, March,(50) charged that the Sandinist People’s La Fraternidad and other sectors along the Army had made incursions into Honduran ter- Honduras-Nicaragua border; it would involve ritory, in the eastern border sector in Olancho; it 6,500 troops of the Sandinist People’s Army and urged Nicaragua to withdraw its troops so as to other Nicaraguan armed forces. Honduras viewed avoid confrontation with Honduran troops which the manoeuvres as provocative and a threat to the had been instructed to defend the national ter- small Honduran detachments guarding the 182 Political and security questions

frontier zone, since they would take place within Nicaragua’s Minister for Foreign Affairs, by a 1.5 kilometres of the frontier. 29 January letter,(60) lodged with the United On 17 December,(57) Honduras, referring to the States Secretary of State a strong protest against capture of two of its soldiers during an attack on his 28 January meeting with the heads of the Nic- a Honduran observation post on 4 December by araguan Democratic Force, at which he reportedly the Sandinist People’s Army, stated that the body expressed full support for what it termed the of one of them was recovered, showing he had been mercenary, terrorist organization, and asserted brutally murdered. In contrast to this crime, Hon- that the United States would not resume bilateral duras pointed out that, on 11 April, it had released talks with Nicaragua. The Acting Foreign Minis- safe and sound seven Nicaraguan soldiers captured ter, by a further letter of 19 February, (6l) lodged on Honduran territory, including one who had been another protest against what it called a terrorist medically treated for his wounds before release. act perpetrated on 16 February by mercenaries Nicaragua, on 22 December,(58) denied the under the direction of the United States Central allegation as a pretext for new and more exten- Intelligence Agency ( CIA); the group, which sive acts of aggression by Honduras against Nica- reportedly came from Honduras, ambushed a ci- ragua, saying that the Honduran President had vilian truck belonging to an inter-community acknowledged the reappearance of one of the Christian welfare group in the Rancho Grande soldiers and that at no point had it been claimed sector in Chinandega, killing 9 civilians, including that he had escaped from the Sandinist People’s a Swiss agronomist, and wounding 12 others. Army. It urged Honduras to accept Nicaragua’s ’s Foreign Ministry, by a declaration of 26 proposal to request the Secretary-General to February,(62) referred to the sum of $100 million dispatch a commission of investigation to the area which the current United States Administration of tension to recommend measures to prevent the was seeking from its Congress to assist the Nica- situation worsening. raguan counter-revolutionaries, warning that it was bound to exacerbate the situation in Central Nicaragua-United States dispute America and cut short current negotiations to Relations between Nicaragua and the United solve the region’s problems. States continued to deteriorate during 1986. The Movement of Non-Aligned Countries, by In response to Nicaragua’s complaints, the a communique adopted in New York on 31 63 Security Council met at the beginning of July to March,( ) expressed concern at the deterioration consider a charge of United States aggression of the situation in Central America, stemming against Nicaragua; at the end of July to consider from grave new threats and actions against Nica- an ICJ Judgment delivered against the United ragua that were to be seen as part of a broader States on 27 June concerning its activities with re- plan to destabilize and overthrow its Government; spect to Nicaragua and the United States rejec- it condemned the escalation of aggression, military tion of that Judgment (see LEGAL QUESTIONS, attacks and other actions against Nicaragua, Chapter I); in October on the non-compliance demanded an immediate halt to them and to the with the Judgment; and in December to consider proposed financing of mercenary groups by the serious incidents in Central America that en- United States Congress, and again urged the dangered international peace. United States to resume bilateral talks with Nic- A number of communications addressed to the aragua. Secretary-General and/or the Security Council Nicaragua’s Acting Foreign Minister, by a let- President in 1986 by Nicaragua and the United ter of 22 April,(64) lodged a protest with the States, as well as by other countries, reflected the United States Secretary of State against alleged deteriorating relations. Several other communica- acts of intimidation, coercion, threats and attempt- tions dealing with the Central America situation ed bribery by United States officials against the as a whole also referred specifically to relations be- Agent and Counsel of Nicaragua in the ICJ pro- tween the two States (see p. 175). ceedings between the two States. Communications (January-30 June). By a 17 By a 21 May communiqué,(65) Nicaragua’s January statement,(59) the United States Depart- Foreign Ministry drew attention to a United States ment of State said it would study the Caraballeda Pentagon document made public by The New York Message(4) (see p. 175) and shortly consult about Times, stating that the signing of the Contadora its possibilities with the Contadora Group and Act on Peace and Co-operation in Central other Central American States; it reiterated that America could lead to a large-scale military in- the United States would resume bilateral talks with tervention against Nicaragua in the form of Nicaragua when that country accepted the March 100,000 United States troops to be dispatched to 1985 proposal of the democratic resistance for a Central America and of strengthened United church-mediated dialogue, a cease-fire and a States military installations in Honduras and suspension of the state of emergency. Costa Rica; in the circumstances, Nicaragua Americas 183 pledged to continue defending its sovereignty and which viewed it as a dangerous step certain to ex- independence. acerbate the conflict in Central America and im- Nicaragua’s Acting Foreign Minister, by a note peril regional and international peace and stability. of 25 June,(66) protested to the United States They also cited the principles of non-intervention Secretary of State the approval by the Congress and non-use of force and the 27 June ICJ Judg- of a request for new funds for the mercenary forces ment (see p. 186), which pronounced that the whose object it said was to destroy the Sandinist United States, by its actions in respect of Nicara- People’s Revolution; it demonstrated United States gua, was in breach of its obligations under contempt for Central America’s peace efforts, in customary international law. A number of particular those of the Contadora and Support States-, Angola, Bulgaria, the Groups; it was a dangerous step aggravating the Congo, Czechoslovakia, Democratic Yemen, the Central America crisis and affecting the stability Lao People’s Democratic Republic, Mongolia, the of Latin America as a whole. Syrian Arab Republic and Viet Nam-expressed The USSR official news agency TASS, by a their solidarity with Nicaragua in its light to safe- statement of 29 June,(67) condemned the approval guard its right to self-determination and national by the United States Congress of $100 million to independence, which was being denied it by the finance what it said were counter-revolutionary United States. They were convinced that the con- bands terrorizing the people of Nicaragua and flict in Central America, including the dispute be- undermining that country’s economy; it called the tween Nicaragua and the United States, could be decision a dangerous escalation of the undeclared resolved only through peaceful negotiations. war being waged by the United States in Central Nicaragua asserted that the United States ap- America and a challenge to the entire international proval of $100 million for the was the latest community. The non-aligned Movement, referring in a long series of sustained acts of aggression to this development in a communique adopted in begun when the United States organized the con- New York on 30 June,(68) voiced concern that tras in 1981 to destabilize and overthrow the such funding increased the danger of direct in- Government of Nicaragua. The approval signalled tervention and military actions against Nicaragua the beginning of a new and dangerous phase in and further imperilled regional and international the interventionist activities of the United States peace and security; it appealed to the international in Central America-a declaration of war against community to act to preserve Nicaragua’s right to Nicaragua that could lead to a generalized con- self-determination, national independence, sover- flagration in the region. To avert such an even- eignty and territorial integrity. tuality, Nicaragua called for urgent action to pro- mote a dialogue between it and the United States SECURITY COUNCIL CONSIDERATION (1-3 July) and for the creation of a joint commission to solve On 27 June,(69) Nicaragua requested an border problems and harmonize non-aggression emergency meeting of the Security Council to con- pacts among Central American Governments. It sider what it described as the escalation of the further called on all concerned to commit themselves to the three courses of action set out United States policy of aggression against it that 28 threatened international peace and security. The by the Contadora Group on 7 June( ) as essen- Council held five meetings between 1 and 3 July tial to the advancement of the peace process. Nic- to consider the complaint. aragua also pointed out that ICJ had confirmed Meeting numbers. SC 2694-2698. the illegality of the United States interventionist policy and that Nicaragua had no military At their request, the following States were invited alliances with any super-Power. to take part in the proceedings without the right The United States asserted that the source of to vote: Afghanistan, Algeria, Angola, Cuba, Czech- conflict was Nicaragua’s continuing support of oslovakia, Democratic Yemen, El Salvador, Ger- subversion in Latin America, whose principal man Democratic Republic, Guyana, India, Iran, targets were neighbouring Costa Rica, El Salvador Lao People’s Democratic Republic, Libyan Arab and Honduras. United States actions were in di- Jamahiriya, Mongolia, Nicaragua, Spain, Syrian rect response to those countries’ requests for Arab Republic, Ukrainian SSR, Viet Nam, Yugoslavia assistance to meet subversive attacks and the threat The debate focused on the approval, on 25 June, posed by the relatively immense Nicaraguan by the United States House of Representatives of armed forces. United States policy had four broad $100 million in aid to the so-called contras, forces objectives: to end Nicaraguan aggression- known to have been actively operating within Nic- whether through support for guerrilla groups in aragua and from neighbouring States to overthrow neighbouring countries or through conventional the Government of Nicaragua. military attack; to sever Nicaragua’s military and That action drew almost universal condemna- security ties to Cuba and the Soviet bloc; to re- tion from the States participating in the debate, duce its military strength to levels that would 184 Political and security questions restore military equilibrium to the region; and to a super-Power to resort in some instances to ter- fulfil the original promises of democratic pluralism rorism and sabotage in an aggressive policy of and respect for human and civil rights in Nicara- domination and . The Libyan Arab gua. The United States said the repressive San- Jamahiriya asked the Council to shoulder its dinist regime was directly responsible for the responsibility for the maintenance of international growth of the armed democratic resistance in Nic- peace and security, lest the region slip into a aragua, which was fighting to restore the original devastating war. objectives of the . Contin- The USSR found it difficult to understand the ued United States support for that resistance was logic of those who paid lip-service to the struggle essential to induce the Sandinist regime to enter against terrorism but in practice were “godfathers” into meaningful negotiations. It added that there of counter-revolutionary bands precisely engaged were serious questions about certain conclusions in terrorism in Nicaragua, concluding that the of law stated by ICJ, which was not equipped to United States was obviously intent on undermin- deal with complex facts and intelligence informa- ing international law and order and legitimizing tion not available to it. the cult of force in relations among States. It called Algeria said the United States decision and all on all United Nations Members to state their views other measures threatening Nicaragua’s security, on the latest United States action, urging that it sovereignty, independence and right to self- was important to do everything possible to pre- determination were contrary to international law vent a spread of the conflict. The USSR believed and the Charter of the United Nations and were that a solution to the critical Central America utterly inadmissible. Angola found it hard to situation was possible only through a political set- believe that the United States lawmakers, had they tlement. It also categorically rejected fabrications been in possession of the facts of the situation in about its supposed intention to use Nicaraguan Nicaragua, would have voted funds for the contras, territory for military and strategic purposes. who were remnants of the murderous former The Ukrainian SSR observed that the United Somozist National Guard. States was once again acting as an enemy of The Congo agreed that the United States had political settlement in Central America, for the deliberately placed itself in a state of undeclared latest step it had taken was clearly intended to war against Nicaragua by mining that country’s undermine the Contadora proposals. It urged the ports, imposing economic and commercial em- United Nations and the Council to play an im- bargoes on it, repeatedly violating its sovereignty portant role in normalizing the situation, to adopt and territorial integrity, and rejecting dialogue measures to put an end to interference in that re- with it. gion’s internal affairs and to ensure the right of Ghana said the tragedy of Central America had its peoples to free, democratic and independent de- its source in the insistence of the United States in velopment. treating the region’s sovereign States as minors in Iran denounced the United States decision as its backyard. For Viet Nam, the behaviour of the a blatant violation of the most fundamental inter- United States stemmed from its habit of regard- national norms and principles, underscoring, ing the region as part of its sphere of influence and along with Australia, that it raised serious ques- so had arrogated to itself the right to call the shots tions of principle about the conduct of relations and to punish any independence-oriented coun- between sovereign States. Anticipating a United try. Czechoslovakia expressed essentially the same States veto on any Council draft resolution on the view, asserting that interference in the internal af- issue, Iran urged that, as an alternative, the Coun- fairs of the Central American countries had to be cil should ask the media to invite as many of its eliminated as anachronistic and unacceptable in members as possible to public discussions and the present-day world. The Lao People’s debates so as to make the American public aware Democratic Republic, along with Mongolia, of the corrupt character of United States foreign stressed that the basic cause of tension and in- policy. stability in Central America was not the Sandinist Afghanistan condemned the United States for regime, as had been claimed, but the United its policy of and acts of outright States, which could not accept that regime’s re- banditry-the source of aggravation of the Cen- fusal to bow to the will that it imposed on other tral America situation, according to the German sovereign States. Democratic Republic. Afghanistan moreover Bulgaria, the Libyan Arab Jamahiriya and stated that the current United States Administra- Mongolia shared the view that the latest action of tion had betrayed the letter and spirit of the na- the United States was another manifestation of a tion’s Declaration of Independence; it had sought neo-colonial policy designed to establish its global to deny peoples in various parts of the world- hegemony. The Syrian Arab Republic pointed out through a policy of aggression, intervention, that it was unbecoming for the United States as blackmail and pressure-what the American peo- Americas 185 ple had fought for and held close to their hearts: the region, and on a constructive and co-operative the right to self-determination and independence. approach to their resolution. It was incumbent on The German Democratic Republic asked whether the Council to grasp this reality and to give the urgent it was not time to abandon the double standard task of bringing peace to the region a real chance. of upholding liberty, freedom and justice for others Australia felt that the United States decision to but not for Nicaragua and its freely elected provide continued aid to the contras and the subse- Government. quent Nicaraguan decision to close down the op- The United Arab Emirates declared that the position newspaper La Prensa left little ground for purposes for which the United States appropriated optimism. Along with Denmark, it remained com- the funds in question ran counter to the 1970 mitted to the observance of international law and Declaration on Principles of International Law to supporting the role of ICJ in settling interna- concerning Friendly Relations and Co-operation tional disputes, pointing to the Court’s finding that among States in accordance with the Charter of certain United States actions against Nicaragua 70 the United Nations.( ). The United Arab had contravened international law. Emirates also reaffirmed its rejection of threats to Algeria called for renewed and steadfast support the independence and national sovereignty of for the work of the Contadora Group, which, it felt, States under the pretext of an East-West conflict, had become irreplaceable at the current crucial mo- while Ghana rejected attempts to explain the prob- ment when it was completing the redrafting of an lems of instability and tension in Central America agreement for peace and co-operation in Central as resulting from a historical confrontation be- America. Such support was expressed by most States, tween East and West in the region. including China and France. Iran said the United Guyana explained that Central America was States must accede to the Group’s decisions, whose engaged in a process of internal change, that its members were its neighbours and hence in the best peoples were struggling to improve the quality of position to define the terms of their relations with life and to attain fuller participation in the political it. Denmark, as well as Australia, also believed there process; it was therefore dangerous to misrepre- was no realistic alternative to the peace process in- sent these national impulses for change and to cast itiated by the Contadora Group, whose efforts were them in any other mould. Guyana hoped for the based on the recognition that it was the responsibility voices of moderation to prevail over the clamour of the region’s countries to solve their differences for intervention and belligerence and appealed for without military pressure or other forms of coer- an end to all manner of hostility towards Nicara- cion. Noting the Group’s great patience and flex- gua and the Sandinist revolution. ibility in negotiation and in redrafting an agree- Yugoslavia viewed the United States decision as ment, Australia said it was up to the countries directly a dangerous precedent and an overt act of in- involved to make reciprocal concessions and to ex- terference in the internal affairs of an independent ercise tolerance in order to carry the peace process country. It pointed out, as did the United Arab forward. In Yugoslavia’s opinion, the solution of- Emirates, that Nicaragua, along with all other fered by the Contadora and Support Groups ad- countries, had the right to independence, sover- dressed the root causes of the problem and took into eignty and territorial integrity, to the system of account the interests of all the countries there. government it desired, and to a life in peace with- Denmark added that a lasting solution to the out pressure, advice or interference. conflicts must be based on a commitment to Venezuela regretted the persistence of the democratic systems of government, free elections, United States in conduct that, apart from being freedom of the press and respect for the Univer- contrary to international law, was also prejudicial sal Declaration of Human Rights.(71). to its relations with Latin American countries, which had always rejected intervention in their in- China maintained that respect for the sover- ternal affairs. History showed that United States eignty, independence and territorial integrity of intervention in certain of those countries had Nicaragua and of other countries in Central generally resulted in the establishment of America and a cessation of outside interference autocratic regimes, largely responsible for the would ease tension. Agreeing, Trinidad and political, economic and social backwardness of Tobago urged all States concerned to exercise re- those countries, which the United States then had straint and resume dialogue among them. to support. Democratic Yemen asked the Council to reaf- India voiced the non-aligned Movement’s con- firm its support for the people of Nicaragua, to viction that peace, to be enduring, must be based put an end to the flouting of the international com- on the acceptance of political and socio-economic munity by the United States and to deter its policy pluralism of States, on the scrupulous observance of aggression. of non-interference and non-intervention, on a Cuba, as well as Spain, said it had always positive appreciation of the endemic problems of favoured a peaceful negotiated solution to the con- 186 Political and security questions

flict and restated that a solution through weapons operative at Camoapa, Chontales, on 27 June; an could only lead to a conflagration with un- anti-tank mine explosion set off by a civilian vehi- foreseeable consequences. The Lao People’s cle on a road between Bocaycito and El Cedro in Democratic Republic called on the United States Wiwilí, on 2 July; and the strafing of the Bluefields to waste no time in renewing contact with Nica- Express on the River Escondido south-east of ragua to normalize relations between them. Ghana Ciudad Rama, on 3 July. The Minister, who pointed out that the United States, as a founding placed the toll at 40 civilians killed and one in- Member of the United Nations, had a moral jured, denounced the acts as barbarism. obligation to settle its differences with Nicaragua The Minister registered another protest, on 24 through non-violent means. July,(73) against alleged preparations under way at Citing the ICJ Judgment, Madagascar Tegucigalpa by leaders of the Fuerza Democrática reminded Nicaragua and the United States of their Nicaragüense, which it said was the mercenary obligation to seek a peaceful solution in accord- organization in the service of the United States, ance with international law. Based on that and for terrorism and sabotage against Nicaragua; the other available data, Madagascar said the Coun- Minister appealed to the United States to desist cil could not but denounce direct or indirect in- from involving countries such as Honduras in its tervention or interference in Nicaragua’s internal plans for death and destruction. affairs and must ask whether it was prepared to The non-aligned Movement, by a communique demand that all States respect the obligations in- of 28 July,(74) noting the June ICJ Judgment, cumbent upon them under the Charter, to ensure strongly appealed to the United States to comply that interference was not automatically justified strictly with it and renewed its call for an im- under the pretext of defending national interests, mediate end to all threats, attacks and hostile ac- to support the principles constituting the founda- tions, the financing of mercenary groups and coer- tion of an international society in which pluralism cive economic measures taken against could also be accommodated, and not to rest con- Nicaragua-all designed to overthrow its tent with giving a purely formal support to the legitimate Government; the Movement again Contadora efforts but, rather, to create all the urged resumed bilateral discussions and reaffirmed political, legal and other conditions necessary for its support for the Contadora Group’s efforts. those efforts to succeed. El Salvador saw Nicaragua’s statement, that the Consideration of the ICJ Judgment recently authorized aid to the anti-Sandinist forces On 27 June 1986, ICJ delivered its Judgment in would lead to a widespread conflagration, as a the case of “Military and Paramilitary Activities veiled threat to drag neighbouring countries into in and against Nicaragua” (see LEGAL QUES- a conflict that would convert it from a bilateral to TIONS, Chapter I). The Application instituting a regional one. That statement was of concern to proceedings against the United States in respect El Salvador because Nicaragua, with its war-ready of those activities had been filed by Nicaragua in army, enjoyed unusual military hegemony; the 1984.(75) The text of the Judgment was transmit- Central America crisis, at the national and ted by Nicaragua to the President of the Security regional levels, had increased in magnitude to the Council on 11 July 1986,(76) while the separate extent that Nicaragua had not respected the prin- and dissenting opinions to the Judgment were ciples of international coexistence and had con- transmitted by the United States to the Secretary- stantly intervened in the internal affairs of others. General on 18 July.(77) Its policy of aggression, in the form of support and The Security Council considered the Judgment sanctuary to groups engaged in terrorist acts in at the end of July and again in mid-October. Draft El Salvador, had made accomplices of the San- resolutions calling for compliance with the Judg- dinist Government in their escalation of violence ment were not adopted on either occasion owing and terrorism. The resulting instability in El to the negative vote of a permanent Council Salvador had hindered the freely elected Govern- member. The General Assembly then considered ment from fully implementing its development the matter, adopting a resolution containing such plan. El Salvador stressed that it had demonstrated a provision in early November. a desire for peace through political means-at the national level through dialogue with opposition SECURITY COUNCIL ACTION (29-31 July) forces and at the regional level through support Referring to the ICJ Judgment, Nicaragua, on for the Contadora initiatives. 22 July,(78) requested that the Security Council Communications (3-28 July). The Nicaraguan meet to consider its dispute with the United States, Foreign Minister, by a note of 3 July,(72) protested which, it said, threatened international peace and to the United States Secretary of State a series of security. The Council held five meetings between attacks by mercenaries said to be trained and 29 and 31 July. directed by the United States: on a farmers’ co- Meeting numbers. SC 2700-2704. Americas 187

At their request, Afghanistan, Cuba, Czecho- ment had been formed in Thailand following re- slovakia, Democratic Yemen, El Salvador, Hon- cent elections and in the consequent absence of duras, India, Iran, the Lao People’s Democratic government instructions concerning the paragraph Republic, the Libyan Arab Jamahiriya, Nicara- calling for full compliance with the Judgment- gua, Poland, the Syrian Arab Republic, the which Thailand felt was not entirely devoid of Ukrainian SSR, the United Republic of Tanzania, political content-it was obliged to abstain. France Viet Nam and Zimbabwe were invited to take part would have liked to vote in favour of a text that in the proceedings without the right to vote. had the Council’s unanimous support for its ap- On 31 July, the Council voted on a draft resolu- proach to a peaceful solution of the region’s con- tion sponsored by the Congo, Ghana, Madagascar, flicts through the Contadora peace process; how- Trinidad and Tobago, and the United Arab ever, the draft contained certain objectionable Emirates.(79) The vote was 11 to 1, with 3 absten- elements relating to the Judgment, both as to the tions, as follows: Court’s role and to those substantive elements that did not receive unanimous agreement. In favour: Australia, Bulgaria, China, Congo, Denmark, Ghana, Madagascar, Trinidad and Tobago, USSR, United Despite its affirmative vote, Denmark stressed Arab Emirates, Venezuela. that making an urgent call for full compliance with Against United States. the Judgment might be said to be premature. Abstaining: France, Thailand, United Kingdom. The President of Nicaragua opened the debate by stating that the ICJ Judgment explicitly rejected Owing to the negative vote of a permanent Coun- the justification of collective self-defence main- cil member, the draft was not adopted. tained by the United States in connection with the By the text, the Council would have: reaffirmed military and paramilitary activities in and against ICJ’s role as the United Nations principal judicial Nicaragua; eloquently affirmed the principle of organ and a means for peaceful solution of disputes State sovereignty by declaring that discontent with and recalled the obligation of all States to seek such Nicaragua’s political, social, economic and cultural solutions; urgently called for full compliance with system gave the United States no right to intervene the June Judgment; and called on all States to re- in its internal affairs; and ordered the United frain from carrying out, supporting or promoting States immediately to cease and desist from all its political, economic or military actions against any illegal activities and to compensate Nicaragua for of the region’s States that might impede the Con- damages suffered. Noting a worsening of the Cen- tadora Group’s peace objectives. tral America situation following the Judgment’s The United States voted against the draft delivery, he emphasized that all Nicaragua was because it painted an inaccurate picture of the true asking for was support and respect for the Court’s situation in Central America, it would not have decision and for law in international relations to contributed to a comprehensive and peaceful set- be upheld. Nicaragua was prepared immediately tlement of the region’s problems, and it would have to negotiate with the United States to overcome done a disservice to the international law and in- existing problems and normalize relations between stitutions that it purported to uphold. them. The United Kingdom addressed two issues in The United States regretted Nicaragua’s misuse explaining its abstention: its view that all Members of the Court by obtaining a ruling which it found of the Organization should accept the Court’s useful for its propaganda war against the United compulsory jurisdiction, even as it noted the sig- States. Saying it was neither the time nor the place nificant dissent within the Court to certain deci- for an exposition of the Judgment and the com- sions contained in the Judgment; and Nicaragua’s pelling dissents that accompanied it, the United misrepresentation of the Central America prob- States felt it sufficient to state its belief that the lem by defining it simply as a dispute between Nic- Court had fundamentally misperceived the situa- aragua and the United States. The problem, the tion in Central America: it was wrong in many United Kingdom said, was rooted in long-standing of its facts, and its conception of the relevant in- social and economic conditions in Central ternational law was seriously flawed in important America, exploited from without by States with respects. The crisis, portrayed by Nicaragua as little respect for democracy and little desire to help essentially a conflict between it and the United restore political stability, exacerbated by cross- States, was in fact a conflict between the “coman- border incursions between Nicaragua and its dantes” and Nicaragua’s own long-suffering peo- neighbours, and compounded by the inability of ple, victims of ever-increasing repression, and be- OAS to find a solution. Nicaragua had recently tween the "Comandantes” and Nicaragua’s taken steps in a direction opposite that of peace, neighbours, victims of unprovoked aggression. the United Kingdom added. The real mercenaries were the Cuban military and Thailand had no difficulty with the draft’s security personnel and other “internacionalistas” general principles; however, because no Govern- imported to help maintain the repressive State. 188 Political and security questions

The United States was prepared to resume direct The Congo, referring to the United States re- bilateral negotiations; they must, however, be ac- jection, said that in the long run no one would be companied by serious talks between the San- able to participate in an international system from dinistas and their neighbours and between them which the primacy of law had been unseated in and their own people. favour of the use of force and coercion; were such Cuba observed that Nicaragua had been com- a trend to gain strength, the attraction to the very pelled to resort to ICJ to secure United States com- notions of democracy and freedom would be pliance with the Charter. Its disdain for the Judg- weakened and would lead to all kinds of attacks ment, however, once again showed the United on the fundamental norms for which the interna- States to be the greatest violator of the Charter tional community had gradually managed to win and of international law, whose entire fabric, acceptance by those who were using their dif- woven over many years, could come unravelled ferences as a basis for co-operation rather than for owing to its attitude. Underscoring that it was opposition. unacceptable for any country, however powerful, Zimbabwe was amazed that a super-Power to apply international law at its convenience, Cuba would choose, in the pursuit of some narrow short- urged all to struggle to make reason and justice term gain, to assail the legal underpinnings of an prevail in this case. international order that had assured its predomi- The Syrian Arab Republic stated that the com- nance in world affairs. The Council was being plaint before the Council related to threats to the asked not only to show compassion to Nicaragua’s international legal system and to the regime of in- suffering people, Zimbabwe said, but also to ternational commitments and conventions. Point- uphold the rule of law. ing to the United States rejection of the Court’s deci- Czechoslovakia was gratified to note that the sion and denial of its jurisdiction, it warned that, Court had again underlined the importance of if the Council failed to end the policy of force and compliance with civilized norms of inter-State arrogance, all civilized values and international prin- relations. It fully supported the diplomatic efforts ciples, especially that of among of the Latin American countries to find a just solu- States, would become extinct. The Council’s suc- tion through the Contadora peace process, with- cess in compelling the United States to abide by out external interference, and stressed its rejection the Court’s decision would be a success for the cause of any attempt to countervail the process by the of the international legal system, for although Nic- creation of artificial structures. aragua was the only one affected in the case at hand, India recalled the non-aligned Movement’s its complaint represented the aspirations of all States, reiteration that the process of change in Central particularly the small ones. America could not be explained in terms of The United Republic of Tanzania said the non- ideological confrontation between military blocs, participation of the United States in the Court pro- its reaffirmation of the need to guarantee the ceedings and its rejection of the Judgment showed security of the region’s States so as to create a contempt for a United Nations organ entrusted climate of stability and confidence as the basis for with the preservation of world justice. In its opin- reaching peace and co-operation in the region, and ion, there was great danger that such a practice its recognition that an immediate halt to all acts could become a habit, which would be detrimen- of aggression against Nicaragua was a necessary tal to United Nations purposes and principles and step to reach those objectives-all of which derived could sound the death knell for customary inter- from the Movement’s realization not only that in- national law on which international relations stability in Central America was a danger to world depended. The United Republic of Tanzania peace and security but also that true sovereignty called on the Council, whose task had been of States in the region would be a positive factor simplified by the Court, to request the United in the global endeavour. States, a founding Member of the Organization Democratic Yemen believed that, to avoid fur- and a permanent Council member, to uphold basic ther tension in the region, the United States, as Charter principles in the interest of peace and a Council member, should join in the international security in the region. consensus on the need to solve the problems of Viet Nam also deplored the United States Central America by peaceful means through the absence from the Court and said its rejection of Contadora Group. It appealed to the Council to the Judgment, which, if it prevailed, would be a support Nicaragua in compelling the United States negative precedent in international relations and to abide by the ICJ rulings and called on that a serious challenge to world public opinion. Viet country to put an end to its policy of intervention. Nam demanded that the United States abide by Bulgaria reiterated its support for Nicaragua’s the Judgment, which meant that it should cease defence of its national independence and its in- its acts of aggression against Nicaragua and alienable right to determine its own social, resume direct talks with it. economic and political development, for a political Americas 189 resolution of the conflict in the region and for the The Libyan Arab Jamahiriya stated that the Contadora and Support Groups. It was Poland’s United States persisted in acting as if it were the hope that the Council would secure that in- world’s policeman-an attitude that explained its alienable right for Nicaragua and the rest of the rejection both of the Judgment and of the Court’s region’s States, strongly support the Contadora jurisdiction in the case against it. The Jamahiriya peace efforts and appeal to all parties to resume said it recognized, perhaps more than any other dialogue. State, the gravity of the threat facing Nicaragua; The Lao People’s Democratic Republic noted it appealed to the Council to exercise its respon- that even the United States member of ICJ, who sibility and put an end to the policy of arrogance, alone opposed the verdict to compensate Nicara- terror and blackmail pursued by the United States gua for damages suffered, had associated himself throughout the world. with the Court’s condemnation of his country for The Ukrainian SSR called the Court’s Judg- mining Nicaragua’s harbours and encouraging the ment an eloquent condemnation of the activities contras in acts contrary to humanitarian law. It was of the United States, which missed no opportunity incumbent on the Council, it said, to give effect to dictate standards of conduct to other countries to the Judgment to the benefit of Nicaragua, the and to attempt to impose its own laws on them. winning party, and to persuade the other party, It called on the Council to support the Judgment if not immediately able to execute all the demands and on the States concerned-foremost the United sanctioned by the Court, at least to desist forth- States-to comply with it so that a favourable with from its hostile acts against Nicaragua, as climate for the solution of all disputes might be noted in the Judgment. It called on the United established. States to join Nicaragua in the search for a The Congo, saying it was committed to the logic peaceful solution to their differences and to the of dialogue, called on Nicaragua and the United problems of peace and security in Central America States unconditionally to resume talks so as to and the Caribbean. remove the main obstacle to peace in the region. The USSR viewed the Court’s Judgment as a For Ghana, it was the Council’s solemn duty to further corroboration of the fact that in today’s urge them to resume a serious dialogue and all world the policy of pressure and military adven- other parties concerned to work together to resolve turism could neither settle disputes nor achieve their differences. security. The USSR emphasized that a peaceful Madagascar emphasized that the Court had political settlement in Central America, favoured clearly recognized that the United States, by its by the overwhelming majority of States, was possi- activities with regard to Nicaragua, had violated ble only if account was taken of the legitimate its obligations under customary law, and had security interests of the region’s countries, of the recalled to both parties their obligation to seek a need to remove military bases, to withdraw foreign peaceful solution to their disputes. The Council troops, and to put an end to the use of a country’s could only amplify those conclusions by denounc- territory from which to intervene in the internal ing as contrary to international law and Charter affairs of another. goals any interference in Nicaragua’s internal af- The USSR said that the United States, to justify fairs and resort to force in violation of its sover- its evil policy, had constantly depicted the situa- eignty, and by breathing new life into the efforts tion in Central America as part of East-West con- of the Contadora Group and the Support Group frontation and had accused the USSR of interven- in order to facilitate a peaceful settlement of the tion in the internal affairs of the region’s States-a region’s problems. Afghanistan stated that the tactic justifiably rejected by the non-aligned Move- Judgment gave the Council every reason to make ment. The USSR stressed that it was firmly op- such a denunciation, adding that it should also de- posed to any attempt to turn the region into an mand an immediate end to all types of interference arena for such confrontation and had not created in Nicaragua and appropriate compensation for nor did it intend to create a threat to the interests the human and material losses inflicted upon it. of the United States and its allies in the region or China voiced opposition to acts of interference anywhere else. in Nicaragua’s internal affairs and hoped the United Iran stressed that, having attended the anniver- States would respect the Court’s ruling. It again sary celebrations of the Sandinist revolution on 20 emphatically pointed out that the key to eliminating July, it observed at first hand that that revolution tension in Central America lay in the removal of was a genuine national revolution, not a com- all outside interference, and asked the countries con- munist one transplanted to Nicaragua, as United cerned to refrain from actions that might further States officials had claimed. It again declared its aggravate the situation so as to enable the Contadora support for Nicaragua’s revolutionary Government Group to achieve peace and stability. in its fight against the aggressive and inhuman Venezuela said the Latin American countries in policies of the United States. general had always condemned any violation of the 190 Political and security questions deeply rooted principles of self-determination, Nicaraguan troop concentrations along the bor- non-intervention, respect for State sovereignty, der between them-Honduras had taken steps to non-use of force and the peaceful settlement of foster open and frank regional negotiations, to in- disputes, whether for political or ideological or clude Nicaragua, on formulating commitments to opportunistic considerations. Rather than enter ensure peace and security in the region. into a detailed analysis of the Court’s decision, Communications (21 August-27 October). Venezuela found it more important to emphasize Between 21 August and 19 October, the Acting the need for dialogue among all the parties and Minister for Foreign Affairs of Nicaragua ad- the Contadora Group’s readiness to leave no dressed four notes to the United States Secretary stone unturned in its effort to achieve a of State. Cuba also addressed a letter to the negotiated solution to the region’s problems. Secretary-General commenting on one of those El Salvador cited portions of the Judgment notes and referring to a matter that, in turn, drew pertaining to Nicaragua’s own conduct, con- a reply from Venezuela. cluding that there had been support for the The first note, dated 21 August,(80) protested a Salvadorian armed opposition from Nicaraguan statement by the United States President, as re- territory until the early months of 1981. It could ported on 19 August by Mexico City’s newspaper not accept certain conclusions of the Judgment Excelsior, to the effect that if Nicaragua failed to affecting El Salvador, since they were drawn see the light, the only alternative would be for the from a partial analysis of a large problem not freedom fighters to take over. Nicaragua regarded considered from the standpoint of the inter- the statement as a direct threat to its independ- related factors of the situation. Citing also in- ence and sovereignty, reminded the United States stances of continuing Sandinist support-and of its obligation to comply with the ICJ Judgment, public announcements of such support-for and reiterated Nicaragua’s readiness to resume di- armed groups in El Salvador that were rect and unconditional bilateral talks. destabilizing the Government and causing vast The second note, of 9 September,(81) rejected damage to its economic infrastructure and reports from unidentified intelligence sources, as population, El Salvador affirmed that it had conveyed to Nicaragua’s Ambassador to the been the victim of continuing Nicaraguan ag- United States on 8 September, that Nicaragua was gression. Like any small country unable to con- planning attacks on United States diplomatic staff front such aggression, it had been obliged, in in Central America and other parts of Latin self-defence, to seek assistance through bilateral America. Nicaragua stated that those untenable channels. El Salvador felt it important to state charges were designed to implicate it in terrorist that Nicaragua remained a destabilizing factor activity and thus set it up as a target for reprisals in Central America and that its ideological and and pave the way for direct military intervention. political system, its relations with the United The third note, dated 8 October,(82) reported States and Sandinist commitments or in- that, on 5 October, the Sandinist People’s Army debtedness to armed groups in El Salvador did had shot down a C-123 tactical cargo aircraft trans- not justify Nicaragua’s intervention in its inter- porting supplies for the mercenary forces in the area nal affairs. of El Tule, Rio San Juan, in southern Nicaragua. Honduras found it necessary to participate in Three of the crew were killed and the fourth was the debate because of Nicaragua’s request to ICJ captured. Investigations revealed him to be Eugene for a ruling against it-an initiative indicating Nic- Hasenfus, one of three United States nationals on aragua’s attempt to turn the highest judicial organ board, who had made four supply flights since July into a political forum and to transform the Coun- for the mercenaries from the Ilopango military base cil into a propaganda apparatus. While Nicara- in El Salvador. The aircraft was carrying 70 AK- gua had given the impression that it was the only MS rifles and more than 100,000 cartridges, dozens party ready to sign the revised Act on Peace and of PG-7 rockets, jungle boots and other military Co-operation in Central America, it must be equipment. The evidence of more direct CIA par- pointed out that that Contadora initiative had en- ticipation reflected a decision to commit the United countered a number of problems owing to the in- States armed forces to military and paramilitary transigence of Nicaragua, which refused to accept operations against Nicaragua, it said. verifiable commitments to internal reconciliation, On 17 October,(83) Cuba charged that the air- democratization and disarmament, or to give up craft belonged to Southern Air, a United States its alliances with anti-democratic, extra- company reportedly in the service of the CIA, and continental Powers. Despite Nicaragua’s pursuit that Ilopango was utilized, with El Salvador’s ap- of aggressive policies against it-training and sup- proval, for covert actions against Nicaragua, with porting terrorist movements engaged in kidnap- the aid of United States aircraft piloted by its na- pings, bombings, skyjackings, sabotage and other tionals and counter-revolutionaries of Cuban violent acts within Honduras, besides the recent origin, carrying identification cards issued by El Americas 191

Carriles, as a terrorist and mercenary of Cuban Judgment, in conformity with the relevant Char- origin and one-time inspector in Venezuela’s ter provisions. Directorate of Intelligence and Prevention Ser- The United States said its negative vote was essen- vices, who “escaped” from a Venezuelan prison tially for the same reasons it had given in July (see in August 1985. Venezuela, on 27 October, (84) re- p. 187). The draft did not focus on the real issues jecting any insinuation of collusion in the case, of the conflict and took no account of Nicaragua’s stressed that the case had been the subject of ex- own responsibility for the current situation; instead, haustive investigation and that it was taking all it sought to present, in the guise of support for the steps to make sure justice prevailed. 27 June Judgment, a one-sided picture of the situa- The fourth Nicaraguan note, dated 19 Oc- tion in Central America and to portray it as merely tober,(85) formally protested the enactment into a conflict between Nicaragua and the United States. United States law on 18 October of a bill authoriz- The United States asserted that what was at stake ing involvement of United States military advisers was not simply a legal question, despite Nicaragua’s with the mercenary forces, the delivery of all types efforts to pretend otherwise, that the reality of the of weapons and transport and the $l00-million situation could not be side-stepped by hiding behind outlay for those forces. Nicaragua said the move an ICJ decision, much less a decision that the Court opened a new and dangerous chapter in the Cen- had neither the jurisdiction nor competence to render, tral America crisis, and placed international peace and that no court, not even ICJ, had the legal power and security in imminent danger. to assert jurisdiction where no basis existed for it. Nicaragua, on 23 October,(86) transmitted Explainiig its abstention, France would have liked details of what it said were acts of aggression the Council to be in a position to make a signifi- against it carried out, since the ICJ Judgment, by cant contribution to the Contadora efforts by contra mercenary forces from 2 July to 6 October. unanimously adopting a resolution. The draft sub- mitted, however, contained questionable references SECURITY COUNCIL CONSIDERATION (October) to the Judgment, both on matters of substance and On 17 October,(87) Nicaragua requested a fur- of the Court’s role. ther emergency meeting of the Security Council, Thailand, abstaining, pointed out that the Council, this time to consider the non-compliance with the in convening at Nicaragua’s request based on ICJ Judgment of 27 June. In making its request, paragraph 2 of Charter Article 94, did not ipso facto Nicaragua invoked Article 94 of the Charter pro- recognize that a party had indeed failed to perform viding for recourse to the Council by any party obligations incumbent upon it under the Judgment. to a case in the event the other failed to perform The Council’s initial concern should be to assist the obligations incumbent upon it under a judg- by practical means the process of achieving a peaceful ment (for full text of Article 94, see APPENDIX II). settlement of the problem, bearing in mind its im- The Council held four meetings between 21 and plications for the peace and security of all Central 28 October. American countries. While the Judgment might con- Meeting numbers. SC 2715-2718. stitute a central pillar, it was not necessarily the one needed to support possible Council action. There The Council invited the following States, at their were certain legal principles, particularly non- request, to take part in the proceedings without intervention, which were generally recognized and the right to vote: Algeria, Argentina, Cuba, valid with or without any elaboration by the Court. Democratic Yemen, Guatemala, Honduras, India, Thailand believed it to be more constructive for the Iran, Iraq, Mexico, Nicaragua, Peru, Spain, Council to attempt practical measures to assist the Syrian Arab Republic, Yugoslavia. Contadora and Support Groups, adding that cur- On 28 October, the Council voted on a draft rent over-reliance on Article 94 would prove counter- resolution sponsored by the Congo, Ghana, productive. Madagascar, Trinidad and Tobago, and the United The United Kingdom, also abstaining, noted it Arab Emirates.(88) The vote was 11 to 1, with 3 was the only permanent Council member which abstentions, as follows: accepted the Court’s compulsory jurisdiction, and said it fully supported ICJ and that compliance with In favour; Australia, Bulgaria, China, Congo, Denmark, Ghana, Madagascar, Trinidad and Tobago, USSR, United its decisions was a clear Charter obligation. While Arab Emirates, Venezuela. not challenging the draft on legal grounds, it was Against: United States. unable to support it for its failure to take account Abstaining: France, Thailand, United Kingdom. of the wider political factors and to acknowledge that Nicaragua had largely brought its troubles upon The draft was not adopted owing to the negative itself. vote of a permanent Council member. After the vote, Denmark reiterated its convic- The draft would have had the Council urgently tion that the Court played an important role in the call for full and immediate compliance with the peaceful settlement of disputes and the necessity 192 Political and security questions for Member States to accept its verdicts. It would United States said, was manipulating the Court, be appropriate if more Members accepted the the General Assembly, the Council and other in- Court’s compulsory jurisdiction with no ternational forums founded to pursue matters far understandings or reservations, as Denmark had more meritorious than Sandinist propaganda. Re- done. ferring to the 5 October incident., the United States Ghana regretted the Council’s inability to act said Mr. Hasenfus, the pilot, was taking part in in favour of the ICJ Judgment. It regarded the a private initiative which had nothing to do with Council’s failure to take a decision as momentous, the United States Government; the conditions of especially for small, militarily insignificant coun- his detention, where he had been paraded before tries, whose involvement in the United Nations the media for propaganda reasons, did not pro- was profound because it underpinned their own vide acceptable standards of due process. independence, sovereignty and national identity. Peru regarded the issue as a global one that Therefore, any development that undermined its raised questions of whether the United Nations existence and efficient functioning also under- supported the legal order for which it had been mined their own sovereignty. Fearing the decision founded, whether it protected the Charter and its was a paradigm of what could constitute regres- system of guarantees, or whether its Members had sion, Ghana none the less remained hopeful that to admit that they were all exposed to the law of the Council and the United Nations could still pro- the mighty. It felt that United Nations inaction in mote peace and stability in Central America, im- the case would call into question the status of its prove relations between the disputing parties and Members as independent sovereign States and uphold the objectives of the United Nations. make fiction of their capacity as Members of an In the debate, Nicaragua asserted that events Organization established to consolidate law and since the June Judgment showed that the United peace. States remained determined to continue its war Iraq requested to participate because it felt the of aggression against Nicaragua-referring to the matter involved important fundamental aircraft shot down on 5 October, found to be principles-the obligation of every Member State owned and operated by the United States and car- to respect the sovereignty, national independence rying arms and military supplies for the contras;(82) and territorial integrity of others; the right of all a 6 October attack on the El Diamante farm co- States, including Nicaragua, to live in peace and operative in Jinotega, where the contras burned security, free from outside interference; com- down houses, a school, a clinic and a market; a pliance with the Court’s decisions; and peaceful 14 October attack on a passenger bus at La dispute settlement. Iraq said everyone should re- Gateada, Zelaya, by terrorist mercenaries, killing flect seriously on the positive implications of the 3 of 70 passengers, wounding 15 and kidnapping Court’s historic Judgment, which went far beyond 20 others; and, on 20 October, the blowing up of Nicaragua and Central America. a bus by a mine planted by CIA mercenaries. Therefore Nicaragua asked the Council to urge Mexico voiced concern over the violation of in- the United States to implement the Judgment, ternational law, the postponement of a negotiated which it was obliged to do as a United Nations settlement of the Central America crisis and the Member. consequent buildup of foreign military presence The United States asserted that acceptance of in the region. Latin America, however, had the Court’s jurisdiction was a matter of consent, presented an alternative to war and deserved to not a function of United Nations membership pur- be heard. The Contadora and Support Groups had clearly placed on record-in the revised Act suant to the Charter or the ICJ Statute-the reason why, of the 14 Council,members besides on Peace and Co-operation in Central itself, 11 did not accept that compulsory jurisdic- America,(28) in the Caraballeda Message of 12 tion at all; the other 3 had subjected their accept- January(4) and in their joint Declaration of 1 Oc- ance to understandings and reservations. Since the tober(40)-the essential conditions for peace in the United States did not accept the proposition that region. The strength of the two Groups lay not it had consented to the Court’s jurisdiction in the only in the unity and harmonious combination of case brought by Nicaragua, it did not believe that their efforts, but also in their authentic represen- the item before the Council had any merit. The tation of the values and principles sustaining in- United States also said that its 18 October legisla- ternational relations in the American continent. tion providing aid to the resistance made clear that Cuba said the Council and the entire interna- its policy towards Nicaragua would continue to be tional community were duty-bound to work to- based on Nicaragua’s responsiveness to continu- gether to avert the worst in Nicaragua and, ing concerns affecting the national security of the therefore, in Central America. It hoped the Coun- United States and Nicaragua’s neighbours, as it cil would bring about United States compliance had detailed in July (see p. 184). Nicaragua, the with the Court’s decision, which meant a halt to Americas 193 all United States assistance to the Somozist subsequently witnessed further hostile acts. counter-revolution in Nicaragua. Bulgaria thus associated itself with the appeals for Yugoslavia said that the Court’s Judgment their immediate cessation and respect for the prin- should be understood in the light of the principles ciples of non-interference and non-use or the of self-determination, independence and non- threat of the use of force. alignment, and that it was necessary to proceed In Iran’s view, the basic question was whether, with negotiations without delay, for the longer the with the attitude exemplified by the United States, crisis lasted, the more it threatened peace in the there was really any future for international law region and throughout the world. Observing that or for the United Nations. Recalling that the attempts to impose social, economic and political signatories of the Charter joined the Organization models or relationships of bygone times invariably in the hope that aggression would be suppressed met with determined resistance, Yugoslavia was and that the Charter and other instruments of in- convinced that negotiations on an equal footing ternational law would be implemented impartially were the only way to achieve just and lasting solu- and comprehensively, Iran said it was important tions to existing international problems. that the Council must finally make the choice of Argentina reiterated that Contadora offered the rescuing the Organization from becoming a toy only realistic means for a peaceful, negotiated set- in the hands of some irresponsible Members. tlement of Central America’s problems and that Ghana stated that the Court had affirmed the the revised Contadora Act embodied com- sanctity of the international legal system: non-use mitments that, if accepted and carried out in good of force, non-intervention and respect for the sov- faith by all parties, could bring peace to the re- ereignty, territorial integrity and political inde- gion. It hoped, along with Venezuela, that the joint pendence of States. The Court thus underscored appeal of the two Groups(40) would be heeded. the primacy of law in restraining States, big or Venezuela stated that although the principle of small, from unbridled pursuit of self-interest in the legal equality of States continued to be under- disregard of others’ rights in a diverse and in- mined by the privileged position enjoyed by per- terdependent world. Ghana-along with manent Council members, there was no room in Democratic Yemen and the Syrian Arab the current international order for attitudes more Republic-called on the Council to urge com- suited to bygone times. What was currently pliance with the Judgment. necessary was multilateral action, and regional Spain said that the Charter principles and the participation in resolving disputes affecting the re- norms of customary international law invoked in gion’s countries, as called for by the Contadora ini- the Judgment constituted full legal obligations for tiatives. all States; furthermore, according to the ICJ Stat- The USSR condemned the dangerous steps ute, the Judgment calling for respect for those taken by the United States to escalate aggressive principles bore the full force of res judicata. activities in Central America, as detailed by Nic- The Congo reiterated its faith in a negotiated aragua, and demanded an end to them. The solution to any dispute that existed between Nic- USSR said the United States must at long last aragua and the United States and urged both to heed the voice of Latin America and the views of resume contacts to that end. It also pointed to the the international community; it must show Contadora and Support Groups, which had fre- statesmanlike wisdom and give evidence through quently indicated their availability and had pro- specific actions of an understanding of modern- vided a whole range of procedures, which, if day realities, among them pluralism in the political followed, would be sufficient to ensure satisfactory orientations of the world’s countries, including results even for the most demanding political those of Latin America. moralists. Algeria felt that the Judgment required full re- Guatemala also called for dialogue, negotiations spect for Charter principles governing relations and agreements comprehensively to resolve the among States, regardless of differences in their complex problem in Central America. It restated systems and their disproportionate means. Com- its support for the good offices of the two Groups pliance with that requirement was what the and for the genuinely Latin American peace pro- peoples of Central America were waiting for and posal they had put forward; it underscored the what the international community had the right need for political will and a flexible and realistic to expect from a permanent Council member. attitude, and voiced the conviction that a regional For Bulgaria, the issue was not merely one of understanding could be reached, enjoining the re- giving effect to the Judgment, but was basically gion’s countries to be prepared to make certain one of respect for and compliance with fundamen- sacrifices, without prejudice to their sovereignty, tal norms of international law on which the United to produce lasting results. Nations was based. In addition to non-compliance Honduras said it was taking part in the debate with the Judgment, the world community had to draw international attention to the fact that the 194 Political and security questions

Sandinist Government was merely using the Council Recorded vote in Assembly as follows: and the United Nations highest judicial organ for In favour: Afghanistan, Algeria, Angola, Argentina, Australia, Austria, Bangladesh, Barbados, Benin, Bhutan, Bolivia, Botswana, Brazil, Bulgaria, its own political ends, with a clear propagandistic Burkina Faso. Burma. Burundi. Bvelorussian SSR, Canada. Cape Verde. China. intent, to the detriment of the Court’s prestige and Colombia. Comoros, Congo, Cuba, Cyprus, Czechoslovakia, Democratic Yemen, dignity. It condemned the move as jeopardizing the Denmark. Ecuador. Ethiopia, Finland, German Democratic Republic, Ghana, Greece. Guinea-Bissau. Guyana, Hungary, Iceland, India. Indonesia, Iran, Iraq. peace process in Central America and called on the Ireland, Kenya, Kuwait, Lao People’s Democratic Republic, Lesotho, Libyan Arab Council to put an end to such activity. Jamahiriy, Madagascar, Malawi, Maldives, Mali, Malta, Mexico, Mongolia, Mo- zambique, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria, Norway, Pak- istan, Panama, Peru, Philippines, Poland. Qatar, Romania, Sao Tome and Prin- GENERAL ASSEMBLY ACTION cipe, Seychelles, Solomon Islands, Spain, Sudan, Suriname, Swaziland, Sweden, Svrian Arab Republic. Trinidad and Tobago, Uganda, Ukrainian SSR. USSR. Nicaragua, on 29 October,(89) requested the in- United Arab Emirates, United Republic of Tanzania, Uruguay. Vanuatu. Venezuela, clusion of an item on the June ICJ Judgment in the Viet Nam, Yemen, Yugoslavia, Zaire, Zambia, Zimbabwe. Against: El Salvador, Israel. United States. agenda of the General Assembly’s 1986 regular ses- Abstaining: Antigua and Barbuda, Bahamas, Bahrain, Belgium, Brunei sion; annexed to its request was a draft resolution Darussalam, Central African Republic, Chad, Costa Rica, Côte d’lvoire, Egypt. proposed for adoption. The following day, the Equatorial Guinea, Fiji, France, Gabon, Gambia, Germany, Federal Republic of. Grenada, Guatemala, Haiti, Honduras, Italy, Jamaica, Japan, Jordan, Lebanon, General Committee recommended, without vote, Liberia, Luxembourg. Malaysia. Morocco, Niger, Oman, Paraguay, Portugal, the item’s inclusion; it rejected, however, by 10 votes Rwanda, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, Saudi Arabia, Senegal, Sierra Leone, Somalia, Sri Lanka, to 9, with 6 abstentions, a United States proposal Togo, Tunisia, Turkey, United Kingdom. to merge the item with that on the situation in Cen- tral America. Explaining its vote, El Salvador, besides declar- On 3 November, the Assembly adopted resolu- ing that the Assembly was not the right place to tion 41/31 by recorded vote. deal with the ICJ Judgment, regarded the draft proposed by Nicaragua as a manoeuvre to con- Judgment of the International Court of Justice of tinue its false, one-sided portrayal of the conflict 27 June 1986 concerning military and paramilitary activities in and against Nicaragua: in Central America. It said that Nicaragua had need for immediate compliance raised the issue of the Judgment in every possible The General Assembly, forum to advance its political cause; to adopt the Having heard the statement made by the Minister for draft would make international law the loser. External Relations of the Republic of Nicaragua, Guatemala’s abstention accorded with its policy Recalling Security Council resolutions 530(1983) of 19 of active neutrality, which it felt was the best way May 1983 and 562(1985) of 10 May 1985, it could contribute to restoring peace in Central Aware that, under the Charter of the United Nations, America. Reaffirming its devotion to the Charter the International Court of Justice is the principal judicial and to international law, as well as its respect for organ of the United Nations and that each Member under- takes to comply with the decision of the Court in any the Court’s findings, Guatemala underscored the case to which it is a party, extreme complexity of the region’s problem which Considering that Article 36, paragraph 6, of the Stat- had to be dealt with in all its aspects; it was basi- ute of the Court provides that “in the event of a dispute cally a political one with serious economic and as to whether the Court has jurisdiction, the matter shall social implications, and failure to recognize it as be settled by the decision of the Court”, such was an error of evaluation. Taking note of the Judgment of the International Court Costa Rica said its abstention should be seen of Justice of 27 June 1986 in the case of “Military and in the light of its acceptance of the Court’s jurisdic- Paramilitary Activities in and against Nicaragua”, Having considered the events that have taken place in tion in a complaint against it entered by Nicara- and against Nicaragua since the Judgment was rendered, gua in connection with its case against the United in particular the continued financing by the United States States. Costa Rica added that, since it wanted to of America of military and other activities in and against respect its international obligations, it stood ready Nicaragua, to discuss its rights before the Court. Emphasizing the obligation of States, under customary Luxembourg did not vote negatively because the international law, not to intervene in the internal affairs text recognized the validity of ICJ judgments: in- of other States, ternational law, however imperfect, was the only 1. Urgently calls for full and immediate compliance defence against arbitrary international action and with the Judgment of the International Court of Justice of 27 June 1986 in the case of “Military and Paramilitary violence; nor did it vote affirmatively, believing it Activities in and against Nicaragua” in conformity with inadvisable to consider the Judgment in isolation the relevant provisions of the Charter of the United from a general review of the situation in Nicara- Nations; gua, including the Contadora peace proposals, 2. Requests the Secretary-General to keep the General which called for concessions by all parties to the Assembly informed on the implementation of this conflict in Central America. resolution. Jordan accepted the Court’s jurisdiction and, General Assembly resolution 41/31 were it not for its belief that some of the text’s 3 November 1986 Meeting 53 94-3-47 (recorded vote) language could delay agreement between the par- Draft by Nicaragua (A/41/L.22): agenda item 146. ties, it would have voted affirmatively. Americas 195

Several States voted positively to stress the pri- attack on the Honduran town of Danli, so as to blame mary importance they attached to respect for the Nicaragua for it and thus provoke a conflict between rule of law in international relations, but nevertheless the two countries. registered certain reservations. The same Minister, on 3 December, addressed Ecuador, in deciding on its vote, said it tried to similar letters to the United States Secretary of disregard the substance of the resolution because State(92) and to the Foreign Minister of Honduras,(93) of its eminently political implications. in which he denounced what was described as pro- For the Netherlands, the resolution fell short of vocative and intimidatory manoeuvres, begun on making an unequivocal contribution to furthering 30 November and reportedly scheduled to last until respect for the Court by failing to stress that all United 13 December, involving the movement of United Nations Members should accept its compulsory States troops, aircraft and heavy war materiel towards jurisdiction; although it favoured more frequent use the Honduras-Nicaragua border along the road from of the Court, its prestige would be threatened if misused Danli, and the participation of the Honduran Army for short-term political gains. in those manoeuvres. Maldives would have preferred a text based on Mongolia, in a 27 November statement,t(94) con- actual arguments against the party not accepting demned what it called the stepped-up aggressive the Court’s authority, rather than one based en- actions of the United States against Nicaragua and tirely on a statement made by the other party; also, confirmed its support for the constructive efforts the text lacked the clarity and detail that would have of the Sandinist Government in easing tension and made it more meaningful with respect to upholding for the Contadora peace proposals. the Court’s authority and credibility. Canada voiced concern that the text pointed only SECURITY COUNCIL CONSIDERATION (December) to the United States, and not others, including Nic- On 9 December,(95) Nicaragua requested a further aragua, which also intervened in the internal af- urgent meeting of the Security Council to consider fairs of other States in the region. Canada added what it said were serious incidents occurring in Central that it was mindful of the complexities of the questions America endangering international peace and security before the Court, and also that Nicaragua, while The Council met on 10 December. citing the Court’s integrity, had not maintained the Meeting number. SC 2728. same judicial standards in its popular anti-Somozist tribunals, which were the subject of comment by At their request, Honduras and Nicaragua were Amnesty International in its 1986 report. invited to participate in the Council’s deliberations Related resolution and decision: GA 41/164; without the right to vote. 41/470. Nicaragua said that, despite the Assembly’s call Communications (November/December). The for full and immediate compliance with the June USSR, on 16 November,(90) stated that events in ICJ Judgment, and despite the Contadora efforts Central America were taking an increasingly dangerous for a negotiated, peaceful political solution to the turn, owing to the United States recent open and crisis in Central America, recent events showed that stepped-up interference in Nicaragua’s affairs. It the situation was worsening daily and that the possibility cited the financing of mercenary counter-revolutionary of a wider war continued to be stubbornly pursued bands and the provision to them of weapons, plans by the United States as a pretext for direct aggression for direct participation in their activities of United against Nicaragua aimed at overthrowing the legitimate States military personnel, and the manipulation of Government. Nicaragua cited air attacks on civil- domestic and international public opinion by of- ian and military targets in its territory launched, ficial United States propaganda to create an atmos- it said, from bases in Honduras, joint United States- phere conducive to direct military action against Honduras military manceuvres and the United States Nicaragua. Indicating its readiness to promote con- naval presence near the Nicaraguan coast accom- ditions favourable for a political settlement within panied by air espionage, and referred to a dangerous the framework of the Contadora peace process, the fabrication about Nicaraguan troops being in Hon- USSR also reaffirmed solidarity with and contin- duran territory. Nicaragua had come before the Coun- ued assistance to the people of Nicaragua. cil to alert the international community against the The Foreign Minister of Nicaragua, in a note new escalation of aggression. It again appealed to to the United States Secretary of State transmit- the United States to cease fanning the flames of war ted on 21 November,(91) protested against the massing in Central America and heed the ICJ ruling. of United States naval forces off the Atlantic coast Honduras asserted that Nicaragua’s responsibility of Nicaragua, between 13 and 20 November, with for the worsening situation owing to its acts of ag- some units sailing within 100 kilometres south-east gression against Honduras had been duly reported of Puerto Cabezas on 19 November; the extensive and confirmed by the international press. In ad- use by the United States Air Force of various airstrips dition to a considerably worsening border situa- in the region, in particular in Panama; and a planned tion, the presence of elements of the Sandinist People’s 196 Political and security questions

Army within Honduran territory had become virtually GENERAL ASSEMBLY ACTION permanent. Honduras found it inconceivable that On 5 December, the General Assembly, acting such a presence could continue without the knowledge on a recommendation by the Second (Economic of Managua, if not on instructions from it, stress- and Financial) Committee, adopted resolution 41/164 ing that since the beginning of the year, it had been by recorded vote. asking Nicaragua to withdraw its troops, especially when over 2,000 Sandinist troops violated Honduran Trade embargo against Nicaragua territory in March, and again in November and The General Assembly, December. The most recent cross-border attacks, Recallig its resolutions 2625(XXV) of 24 October 1970 and 40/185 and 40/188 of 17 December 1985, on 4 and 5 December, on a military observation Reaffirming the sovereign and inalienable right of Nicaragua post at Las Mieles, with the consequent capture and the other States in Central America to determine of two Honduran soldiers, and on the villages of their own political, economic and social systems, and to Maquengales, Buena Vista and La Esperanza and develop their international relations according to their other villages in El Paraiso, had forced Honduras peoples’ interests, free of outside interference, subver- to remove the invading soldiers, with the help of sion, direct and indirect coercion or threats of any kind, United States resources; the Deeply concerned at the fact that the trade embargo against had been instructed not to halt its defensive action Nicaragua still persists and has been extended and broadened until the last Sandinist soldier left. Honduras could as from May 1986, Considering the Judgment of the International Court have requested the current Council meeting but did of Justice, dated 27 June 1986, by which the Court decided not do so because the Central American countries that the country that imposed the embargo had a duty had formally undertaken not to have recourse to immediately to cease and to refrain from said act, any other body or forum while the Contadora process Having considered the report of the Secretary-General was under way. In support of its assertions, Hon- on the trade embargo against Nicaragua, duras offered to make available to the Council, on 1. Invites all States members of the international com- request, evidence yielded by its mopping-up operations. munity to continue to promote concrete forms of co-operation The United States voiced disbelief that the San- in Central America, in particular to help reduce the negative dinistas had again sought to convene the Council effects of the trade embargo adopted against Nicaragua; 2. Deplores the continuation of the trade embargo contrary for what it said was a false and cynical complaint, to General Assembly resolution 40/188 and the Judgment calling it an act of duplicity and arrogance to at- of the International Court of Justice, and requests once tack one’s neighbour, lie about it at every oppor- again that those measures be immediately revoked; tunity, and then accuse a third party of perpetrating 3. Requests the Secretary-General to report to the General or master-minding the entire event. The United Assembly at its forty-second session on the implemen- States clarified that, at the request of Honduras, tation of the present resolution. it had agreed to transport Honduran troops and General Assembly resolution 41/164 supplies in nine unarmed United States helicopters 5 December 1986 Meeting 98 83-2-44 (recorded vote) from the vicinity of Tegucigalpa to the Jamastran Approved by Second Committee (A/41/857Add.l) by recorded vote (86-1-43),2l November airfield, and that Nicaraguan allegations of other (meeting 341; S-nation draft (A/C.2/41/L.29); agenda item 79 (a). United States involvement were absurd. The issue Sponsors Algeria, Angola, Burkina Faso, Congo, Democratic Yemen, Mexico, Nic- aragua, Peru, Zimbabwe. before the Council was not one between Nicara- Meeting numbers. GA 41st session: 2nd Committee 19,23-28,33,34; plenary 98. gua and the United States, however Nicaragua might Recorded vote in Assembly as follows: seek to portray it as such: it was Nicaragua’s bla- In favour; Afghanistan, Algeria, Angola, Argentina, Australia, Austria, Baharnas, Barbados Bolivia, Botswana, Brazil, Bulgaria, Burkina Faso, Burma, Burundi, Byelorussian tant aggression against its neighbours. The United SSR, Cameroon. Cape Verde. China, Colombia, Congo, Cuba, Cyprus, Czecho- States assured the Council that it would be prepared slovakia, Democratic Yemen, Denmark, Ethiopia, Finland, German Democratic to continue its prompt assistance to the victims of Republic. Ghana, Greece, Guinea-Bissau, Guyana. Hungary. Iceland. India, In- donesia, Iran. Iraq, Ireland, Kenya, Kuwait, Lao People’s Democratic Republic, Sandinist aggression. Lesotho, Libyan Arab Jamahiriya, Madagascar, Malaysia, Mali, Malta, Mexico, Mongolia. Mozambique, New Zealand, Nicaragua, Niger,a Nigeria, Norway, Panama, Peru, Philippines, Poland, Qatar, Romania, Rwanda, Sao Tome and Principe, Seychelles, Trade embargo against Nicaragua Spain. Spain, Suriname, Sweden. Syrian Arab Republic. Trinidad and Tobago, Uganda, Ukrainian SSR, USSR, United Arab Emirates, United Republic of Tan- Report of the Secretary-General. Pursuant to zania, Uruguay. Venezuela. Viet Nam, Yemen, Yugoslavia. Zambia. a 1985 General Assembly resolution,(96), all States Against: Israel. United States. Abstaining: Bahrain, Bangladesh, Belgium, Brunei Darussalam, Canada, Central were invited by the Secretary-General to provide b African Republic, Chad, Comoros, Costa Rica, Côte d'lvoire, Ecuador, Egypt, information on actions of co-operation in the economic France, Gambia, Germany, Federal Republic of, Guatemala,b Italy, Jamaica, Japan, and technological spheres in Central America, in Jordan. Lebanon. Liberia, Luxembourg, Malawi, Mauritius, Nepal, Netherlands, Oman, Papua New Guinea, Paraguay. Portugal, Saint Lucia, Samoa, Saudi Arabia, particular to reduce the negative effects of the trade Senegal, Sierra Leone, Somalia, Sri Lanka, Swaziland, Togo, Tunisia, Turkey, United embargo and other measures which had been im- Kingdom, Zaire. aLater advised the Secretariat it had intended to abstain. posed against Nicaragua. bLater advised the Secretariat it had intended to vote in favour. The Secretary-General prepared a report on 15 September 1986 containing 10 replies received as During the Second Committee consideration of of that date; subsequent addenda to the report, issued the draft, the United States proposed that the draft, in October, contained three replies.(97) together with the Secretary-General’s report, be referred Americas 197 to the Assembly for consideration in plenary “Security Council resolution 530(1983)“(105) and meetings under the agenda item on the situation to add at the end, “as well as Security Council in Central America. The proposal was rejected by resolution 562(1985)“(34) which called on all 65 votes to 33, with 21 abstentions. It then in- States to refrain from carrying out, supporting or troduced a number of amendments(98) to the promoting political, economic or military actions preambular and operative sections of the draft, of any kind against any State in the region which which it subsequently withdrew, stating that it might impede the peace objectives of the Con- would not participate in the consideration of the tadora Group; it suggested that “trading policies question. and partners” in amendment (2) be replaced by An operative paragraph proposed for insertion “development policies and strategies”, whereas the after paragraph 2 would have had the Assembly Federal Republic of Germany wanted to replace deplore also the continued suspension of civil liber- “and partners” by “in accordance with interna- ties in Nicaragua in violation of the Universal tional obligations”. Peru also suggested replacing Declaration of Human Rights,(71) and request “only 11 countries” by “Governments of Member that the suspension be immediately revoked and States” in amendment (6). Mexico wanted to a genuine dialogue begun with the internal opposi- change “declaration of 15 October 1985 to suspend tion in Nicaragua. basic civil liberties in Nicaragua” in amendment Several paragraphs proposed for insertion in the (3) to “the trade embargo against Nicaragua” and preambular section would have had the Assembly “goals of national reconciliation” to “goals and ob- (1) recall also its resolution 39/4,(99) in which it jectives”; and replace “article XXI” in amend- encouraged the efforts of the Contadora Group ment (4) with “all relevant articles”. and appealed to all interested States inside and Mexico also wanted to replace the second part outside the region to co-operate with it through of amendment (5) after “issue” by “and which, a frank and constructive dialogue; (2) reaffirm the inter alia, stated that trade embargoes, such as the sovereign right of each country to choose its own one imposed by the United States, ran counter to trading policies and partners; (3) express deep con- the basic aims of the General Agreement on Tariffs cern also that the declaration of 15 October 1985 and Trade, namely to foster non-discriminatory to suspend basic civil liberties in Nicaragua would and open trade policies, to further the development not contribute to economic and social develop- of less developed contracting parties and to reduce ment, international co-operation, or the goals of uncertainty in trade relations”. Canada’s sub- national reconciliation embodied in the Contadora amendment would have had the Assembly merely process; (4) recall article XXI of the General take note of the conclusions of the GATT panel. Agreement on Tariffs and Trade (GATT), by which Explaining its negative vote in the Assembly, the trade measures considered by a party to be United States said its non-participation in the vote necessary for the protection of its essential security in the Committee and withdrawal from further interests were expressly permitted; and (5) take consideration of the issue was to express note of the conclusions of the GATT panel, which displeasure with the procedures used by the text’s considered the Nicaraguan complaint on that issue co-sponsors to deny the United States the right to but concluded that the trade embargo could not a fair hearing on matters it considered vital to be considered a nullification or impairment of balanced consideration of the issue. The text benefits to Nicaragua under the General Agree- overlooked the reasons for the embargo, the United ment. A phrase was proposed for addition to the States added, and by ignoring Nicaragua’s human fifth paragraph to indicate that the Secretary- rights and civil liberties violations and by refus- General’s report (6) contained the replies of only ing to consider its interference in its neighbours’ 11 countries in response to his request for infor- internal affairs, the text did not give full and fair mation. consideration to the issues involved. The United Sub-amendments to the United States amend- States observed that Nicaragua and two other ments were introduced by Canada,(l00) the sponsors of the text, Algeria and Democratic Federal Republic of Germany,(l01) Ghana,(102) Yemen, maintained trade embargoes as part of Mexico(l03) and Peru.(l04) their current political policies; other co-sponsors Ghana suggested deletion of the proposed actively advocated them. operative paragraph, while Mexico wanted to Other explanations of vote were given in the reword it to deplore also “the continued financ- Assembly and the Committee or in both those ing of military and other activities in and against bodies. Nicaragua which impede its economic and social Israel felt it ludicrous that, after 41 years of ex- development and violate the fundamental rights istence, the United Nations should vote on a of the Nicaraguan people”. specific embargo under pressure from countries As to the proposed preambular paragraph (l), which thought they were in the right simply Peru wanted to replace “its resolution 39/4” by because of their numerical strength, stressing that 198 Political and security questions

if Nicaragua-which had the audacity to submit tactics, procedural or otherwise, to prevent the exercise the draft when it maintained a similar embargo against of that right, as the sponsors of the draft had done, Israel-wished to contest the principle of trade em- leading the United States to withdraw its amend- bargoes, it should start by renouncing their use. ments. Had they been put to the vote, Australia Among those explaining their abstentions, added, it would have abstained on most of them Japan said trade embargoes had deep political im- because they either were designed to change the plications, while Ecuador pointed out that it did sense of the draft or did not accurately refer to general not maintain diplomatic relations with Nicaragua, principles of international behaviour; however, it but that its vote did not alter its position as to coer- would have supported the proposed operative cive measures. Canada said it had questioned the paragraph and the proposed preambular paragraph appropriateness of addressing the trade embargo (3). Norway also said it would have been able to against Nicaragua in the Second Committee, since support some of the amendments. it failed to see what constructive contribution the Committee could make to the Assembly’s con- Panama-United States sideration of the issue in the context of the debate The President of Panama, by a letter of 27 June on Central America. It regretted the impossibility 1986 (l06) drew the Secretary-General’s attention of considering the draft in informal negotiations, to what he said was an aggressive media campaign the unnecessary fragmentation of the question at recently begun in the United States, including a the United Nations and the resulting politiciza- senator’s public statements, discrediting the tion in the proceedings over the draft, with the re- Commander-in-Chief and other high-ranking of- sult that the important issues of human rights and ficers of Panama’s Defence Forces in connection interference in neighbouring countries did not re- with drug trafficking and money laundering. The ceive proper attention. President asserted that the campaign was timed The United Kingdom, speaking for the to prevent implementation of the Panama Canal members of the European Economic Community treaties (1977 Panama Canal Treaty and 1977 (EEC), said they did not vote negatively because Treaty concerning the Permanent Neutrality and they wished to contribute to the establishment of Operation of the Panama Canal) from being im- peace and economic development in Central plemented and was designed to harm the Central America. The Netherlands, which had abstained Bank of Panama and undermine that country’s for the same reasons given by the United struggle to maintain its sovereignty. Kingdom, did not consider the text conducive to furthering the cause of a negotiated solution to the REFERENCES Central America situation. It pointed out that the (1)YUN 1985, p, 206. (2)YUN 1984, p. 196. (3)A/40/1074- appeal in the text, while based on the Court’s S/17733. (4)A/40/1075-S/17736. (5)YUN 1985, p. 207. (6)A/40/1077-S/17746. (7)A/40/1078. (8)A/40/1080-S/17755. Judgment, was less than faithful to the Court’s (9)A/40/1082-S/17766. (10)A/40/1084-S/17778. (11)A/40/1089- consideration of the case: the reference to the prin- S/17862. (12)A/40/1091-S/17906. (13)A/40/1101-S/17979. ciple of non-intervention suggested that the Court (14)A/40/1103-S/18011. (15)A/40/1109. (16)A/40/1104. (17)A/41/341- had based its decision with respect to the trade em- S/18065 & Corr.1. (18)A/40/1115-S/18064. (19)A/40/1116-S/18073. (20)A/40/1117-S/18074. (21)A/40/1120-S/18107. (22)A/40/1121- bargo on that principle; in fact the Judgment S/18120. (23)/40/1123-S/18126. (24)A/40/1119-S118106. stated that it was unable “to regard such action (25)A/40/1122-S/18122. (26)A/40/1124-S/18132. (27)A/40/1126- on the economic plane . . . as a breach of the S/18139. (28’)A/40/1128-S/18143. (29)A/41/408. (30)A/40/1132. customary-law principle of non-intervention”. (31)A/40/1142-S/18214. (32)A/40/1133-S/18175. (33)A/40/1144- S/18218. (34)YUN 1985, p. 212, SC res. 562(1985), 10 May The Netherlands further stated that resolution 1985. (35)A/40/1136-S/18184. (36)YUN 1985, p. 208. 41/37 had already called for compliance with the (37)A/40/1150-S/18237. (38)YUN 1983, p. 196. (39)A/40/1148- Judgment so that it was unnecessary in the cur- S/18228. (40)A/41/662-S/18373. (41)A/41/772. (42)A/41/829. (43)A/40/1094-S/17928. (44)A/40/1096-S/17936. (45)A/40/1154- rent text to register another such call-a duplica- S/18254. (46)A/40/1155-S/18256. (47)A/41/975-S/18530. tion that Canada also observed. Spain also said (48)S/17726. (49)S/17732. (50)A/40/1097-S/17950. (51)A/40/1099- that through the Assembly resolutions on the Con- S/17961. (52)A/40/1098-S/17952. (53)A/40/1152-S/i8246. tadora process, under the agenda item on the (54)A/41/962-S/18514. (55)A/41/969-S/18524. (56)A/41/972- S/18526. W&/18531. (58)A/42/61-S/18536. (59)A/40/1079- situation in Central America, there had been con- s/17754. (60)A/40/1083-S/17773. (61)A/40/1087-S/17852. sideration of the overall situation in the region. (62)A/40/1090-S/17891. (63)A/40/1100-S/17964. (64)A/40/1110- A number of States-Australia, Austria, Canada, S/18044. (65)A/40/1118-S/18084. (66)A/40/1135-S/18189. (67)A/41/438-S/18194. (68)A/40/1137-S/18196. (69)S/18187. Denmark, the Netherlands, New Zealand, Norway, (70)YUN 1970, p. 789, GA res. 2625(XXV), annex, 24 Spain and the United Kingdom, on behalf of EEC- Oct. 1970. (71)YUN 1948-49, p. 535, GA res. 217 A (III), 10 shared the view that every Member had as much Dec. 1948. (72)A/40/1140-S/18206. (73)A/40/1153-S/18248. right to submit draft resolutions to the Commit- (74)A/40/1151-S/18244. (75)YUN 1984, p. 1084. (76)S/118221. (77)A/40/1147-S/18227. (78)S/18230. (79)S//18250. (80)A/40/1158- tee as it had to submit amendments to express its S/18298. (8l)A/40/1159-S/18342. (82)A/41/692-S/18387. views and to have such amendments considered and (83)A/41/729. (84)A/41/771. (85)A/41/741-S/18419. (86)A/41/769- acted upon. They therefore regretted the resort to S/18429. (87)S/18415. (88)S/18428. (89)A/41/244. (90)A/41/849- Americas 199

S/18462 (91‘)A/41/871-S/18475. (92)A/41/943-S/18497. him that on 6, 13 and 14 August, Chile’s national (93)A/41/944-S/18498. (94)A/41/973-S/18528. (95)S/18513. (96)YUN defence and security forces discovered at Car- 1985, p. 218, GA res. 40/188, 17 Dec. 1985. (97)A/41/596 & Add.l.2. (98)A/C.2/41/L.43. (99)YUN 1984, 199 GA res. 39/4 rizal Bajo, Huasco Bajo, Palo Negro and Cerro 26 Oct. 1984. (100)A/C.2/41/L.60. (101)A/C.2/41/L.58: Blanco, in the northern coastal area of Chile, a (102)A/C.2/41/L.61. (103)A/C.2/41/L.59. (104)A/C.2/41/L.57. massive quantity of weapons and war materilel (l05)YUN 1983, p. 206, SC res. 530(1983), 19 May 1983. which had been smuggled into the country and (106)A/41/494. that Chile had formally requested international co-operation to determine the origin of the weapons, which did not correspond to weapons Other question used by Chile’s armed forces. The letter annexed relating to the Americas a detailed list documenting the type, quantity and place of discovery of the weapons, as well as 20 photographs of them. Arms transfer to Chile Chile addressed a letter to the President of the REFERENCE Security Council on 26 August 1986,(l) informing (1)S/18300.