Thursday, April 26, 2012

Nicaragua v. United States case brief

Nicaragua v. United States

-       ICJ case where Nicaragua brought suit against US for funding of Contras in Nicaragua
-       Was contra conduct attributable to the United States?
-       Standard applied? Article 11 of ILC Draft Articles
  • The ICJ found that there was not enough direction or control from the US to the contras to make the acts of the contras attributable to the US
  • For there to be enough direction, the US would have had to have effective control of the military or paramilitary operations in the course of which the alleged violations were committed
-       However, the US violate international law on other grounds: its support of the contras was a use of force against Nicaragua

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