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CASE CONCERNING Mllitary and PARAMILITARY ACTIVITIES in and AGAINST NICARAGUA ' (NICARAGUA V

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CASE CONCERNING Mllitary and PARAMILITARY ACTIVITIES in and AGAINST NICARAGUA ' (NICARAGUA V INTERNATIONAL COUKT OF JUSTICE PLEADINGS, ORAL ARGUMENTS. DOCUMENTS CASE CONCERNING MlLITARY AND PARAMILITARY ACTIVITIES IN AND AGAINST NICARAGUA ' (NICARAGUA v. UNITED STATES OF AMERICA) l 1 VOLUME 1 COUR INTERNATIONALE DE JUSTlCE MÉMOIRES, PLAIDOIRIES ET DOCUMENTS AFFAIRE DES ACTIVITÉS MILITAIRES ET PARAMILITAIRES AU NICARAGUA ET CONTRE CELUI-CI (NICARAGUA c. ÉTATS-UNIS D'AMERJQUE) VOLUME 1 ORAL ARGUMENTS ON THE REQUEST FOR THE INDICATION OF PROVISIONAL MEASURES MlNUTES OF THE PUBLIC SlTTINGS iield ut ~hePeace Palace. The Hurur?, on 22 und27 ApriI and 10 May 1984. President Elrus presiding PLAIDOIRIES RELATIVES À LA DEMANDE EN INDICATION DE MESURES CONSERVATOIRES PROCÈS-VERBAUX DES AUDIENCES PUBLIQUES tenues au Pidan de !lu Pl~ix,ù IA Huyc, les 25 et 27 avril er k 10 mui 1984, sous Ea présiden~ede M. Elias, Prbident FI RST PUBLIC SITTING (25 IV 84,10 a m.) H.E. Mr. Carlos Argüello Gbmez, Ambassador, as Agent and Counscl; Mr. lan Brownlie, Q.C., F.R.A., Chichelc Professor of Public International Law in the University of Oxford; Fellow of All Souls Collcge, Oxford, Hon. Abram Chayes, Felix Frankfurter Professor of Law, Harvard Law School; Fellow, Amcrican Academy of Arts and Sciences, as Lomsel and Advt)catcs ; Mr. Augusto Zamora Rodriguez, Mr. Paul S. Reichler, Miss Judith C. Appdbaum, Mr. Paul W. Kahn, as Counsel. For lhe Gr)irernmrnt of the United States of America Hon. Davis R. Robinson, Legal Adviser, United States Department of State, as Agent unil Colinscl; Ms. Daniel W. McGovern, Principal Dcputy Legal Adviser, United States Department of State, us /Deputy-dgen~and Counsel; Mr. Michael G. Kcizak, Deputy Legal Adviscr, United States Department of State, as Special Counsel ; Mr Robert E. Dalton, Assistant Legal Adviscr, United States Department or State, Mr. K. Scott Gudgeon, Assisiant Legal Adviser, Unitcd States Departmeni of State, Mr. Fred L. Morrison, J.D., Ph.D.' Member of the Bar of the United States Supreme Court and oc the State of Minnesota ; Professor of Law, University of Minncsata; formcrly Counselor on International Law, Ofice of the Legal Adviscr, United States Department of State, Mr. Patriçk M. Norton, Assistant Legal Adviser, United Statcs Department of State, Mr. Stefan A. Riesenfeld, Member of the Bar of Minnesota; Proressor of Law, University of Çalifornia, School of Law, Berkeley, Çalifornia, and the Hastings College of the Law, San Francisco, California; S.J.D. (Harvard), J.U.D. (Breslau), Dott. in Giur. (Milan), Dr. h.c. (Colugnc); and forrnerZy Counselor on international Law, OfIice of the Legal Adviser, Unitcd States Department of State, Mr. David H. Small, Assistant Legal Adviscr, United States Department of State, as Counsei; Mr. Steven E. Asher, Attorney-Adviser, Office of the Legal Adviser, United States Department of State, Mr. Mzchael J. Danahcr, Attorney-Adviscr, Officc of thc Lcgal Adviser, United Statcs Dcpartmcnt of Statc, Mr. Dennis 1. Foreman, Attorney-Adviser, Ofice of the Legal Adviser, United States Department of State, Mrs. Elizabeth Keefer, Attorney-Adviser, Otfice of the Legal Adviser, United States Department of State, Mr. Geoffrey M. Levitt, Attorney-Adviser, Office of the Legal Adviser, United States Department or State, Mr. Peler M. Olson, Attorney-Adviser, Ofice: of the Legal Adviser, United States Department of State. Mr. Jonathan B. Schwartz, Attorney-Adviser, Office of the Legal Adviser, United States Department of State, Mr. George Taft, Attorney-Adviser, Office of the Cegal Adviser, United States Departm~ntof Statc, Mr. Kenneth J. Vandevelde, Attorney-Adviser, Ollice of the Cegal Adviser, United States Department of State. ur Arttlrney-Advisers. OPENING OF THE ORAL PROCEEDINGS The PRESIDENT: The Court meets today to consider the request for the indication of provisional measures, under Article 41 of the Statute of the Court and Articles 73 and 74 of the Rules of Court. made bv the Government of the Republic of Nicaragua, in the case concerning ~ilitur~und Pururnilifary Acfivi- tics in und uzrrinst Nicaruzuu brought-. by the Republic of Nicaragua. against. the United States of ~merica. The case was brought before the Court by an Application' filed in the Registry of the Court on 9 April 1984. In that Application, the Republic of Nicaragua claims to found the jurisdiction of the Court on the declarations made by the Republic of Nicaragua and by the United States of America accepting the jurisdiction of the Court as provided for in Article 36, paragraph 2, of the Statute of the Court. The Republic of Nicaragua then alleges a series of events over the ~eriodfrom March 1981 to the Dresent date in Nicaraeua. in the neiehbourine ierritory of Honduras, and in the seas OIT the coasts if Nicaragua, which the Government of Nicaragua sums up by claiming that the United States of Amenca "is using militas. force against Nicaragua and intervening in Nicaragua's interna1 arairs, in violation of Nicaragua's sovereignty, territorial integrity and political independence, and of the most fundamental and universally- accepted principles of international law". On the basis of these allegations, set out more fully in the Application and in a chronological account5f what are claimed to be United States of America's covert activities in and against Nicaragua, annexed to the Application, the Republic of Nicaragua asks the Court to adjudge and declare that the United States has violated and is violating a number of Charter and treaty obligations to Nicaragua; that it has violated and is violating the sovereignty of Nicaragua; that it has used and is usine force and the threat of force aeainst Nicaranua: lhat II hiis ~ntericned2nd ir iniervening in ihc inicrnal all'alrr <;l'~iiara~ua;ïhst it has nir ring cd and 13 inliinging ihç irscdiim of ihe Iiigh $cas: ihxr in hrcach of obliaÿiions undcr iniernliii<~nlillaw. II hlis killrd. s.ounded ;ind kiJnau~cd.and is khg, wounding and kidnapping, citizens of Nicaragua; that it i's'under a particular duty to cease and desist from such activities, and that it has an obligation to pay to the Republic of Nicaragua reparations for damages caused. On 9 Aoril 1984. the dav on which the Aoolication. itself was filed. the Re~ublic of Nicaragua submitted the present request for the indication of provisional measures3. 1 now ask the Registrar to read from that request the statement of the measures which Nicaragua asks the Court to indicate. The REGISTRAR : "Nicaragua respectfully requests that the Court indicate the following provisional measures to be in eKect while the Court is seised of th'IS case : ' Pp. 1-24, supro. = PD. 11-21, supro. ' Pp. 25-29, supra. 36 MILITARY AND PARAMILITARY ACTIVITIES - That the United States should immediatelv cease and desist from providing, directly or indirectly, any support - including training, arms, ammunition, supplies, assistance, finances, direction or any other form of support -- to~anynation, group, organization, movement or indivi- dual engaged or planning to engage in military or paramilitdry activities in or against Nicaragua; That the United States should immediately cease and desist from any militarv or ~aramilitarvactivitv bv ils own officiais. aaents or forces in or against Nicaragua and frok any olher use or thrëat of force in ils relations witli Nicaragua." The PRESIDENT: The Government of the United States was informed forthwith by telex of the filing of the Application and of the suhmission of a request for provisional measures, and the suhmissions in the Application and the ~recisemeasures resuested were set out in full in the telex message. A co~y of the Application and ihe request was sent to the United States of America by express airmail on th<: same day. By a letter dated 15 April 1984, received in the Registry of the Court the same dav. the Amhassador of the United States of America in The Haeue informed thé court of the appointment by the United States of America of an Agent and Deputy-Agent' gave certain explanations of the position of the United States with regard to the proceedings instituted by Nicaragua, and requested the Court "to strike Nicaragua's Application from the Court's list of pending mattcrs". The letter continued : "Alternativelv. the United States considers the çircumstances and the e\tr;xord~li~r)<h.ir.icizr of ihc nic;t.t.rzs rr.quc~tr.dhv hi:.ir.igua rtqurr. 211 opporiunii) Ibr .vriii:li s~bn~issioiisb) ihc f'sriit\. anil. thcrr.ifisr. ;in or;il hc~rlngun Niiiiagua'~requesi Ior ihr. indiralion <if pro\i\i,~nalnie;i>urr., " Following a meeting. held pursuant to Article 31 of the Rules of Court on 16 April 1984, hetwean the President of the Court and the Agents of the Parties, the Court decided in accordance with Article 74, paragraph 3, of the Rules of Court, to hold the prssent public sitting to hear the observations of both Parties on the request for thi: indication of provisional measures. At the meeting bctween myself and the Agents of the two Parties held on 16 April 1984, 1 called upon both Parties, in cxercise of the power conferred upon me by Article 74, paragraph 4, of the Rules of Court, to act in such a wdy as will enahlc any order the Court may make on the present request for provisional meastires to have its appropriate efiects, and that appeal was also conveyed to the Agents of the Parties in writing by a letter from the Registrar of the Court dated I<iApril 1984. The Court does no1 include upon the Bench a judge of Nicaraguan nationality : however the Agent of Nicaragua by a letter dated 17 April 1984, informed the Court that his Government intended to abstain from exercising ils right to choose a judge ad ho,: pursuant to Article 31, paragraph 2, of the Statute of the Court, in respect of rhe proceedings relating to interim measures of protection, while reserving its right to choose a judge ad Iioc in respect to other proceedings in the present case.
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