TEAM CODE01

ALIGARH MUSLIM UNIVERSITY MOOT COURT ASSIGNMENT (2020)

IN THE HON’BLE INTERNATIONAL COURT OF JUSTICE

IN THE MATTER OF :

REPUBLIC OF NICARAGUA………………………………………………………….PETITIONER

VERSUS

UNITED STATES OF AMERICA……………………………………………………………..RESPONDENT

WRITTEN SUBMISSION ON BEHALF OF THE PETTITIONER

Counsels-

1- Vaibhav Teotia 2- Mohd. Junaid 3- Iqra Shamim

18ballb03 18ballb10 18ballb16
Gj 3957. Gj3899. Gj4038
 TABLE OF CONTENT

1. STATEMENT OF FACTS

2.. STATEMENT OF ISSUES

3. SUMMARY OF ARGUMENTS

4. PRAYER
 STATEMENT OF FACTS

BACKGROUND

In july 1979, the government of president Somoza was replaced by a government installed
by Frente Sondinsta de liberation National (FSLN). Supporters of the former Somaza
Government and former members of the National Guard opposed the new government. The
United States supported the new government but changed its attitude when, according to the
United States, it found that Nicaragua was providing logistic support and weapons to
Guerrilas in EL Salvador.

In April 1981 the United States stopped its aid to Nicaragua, the United States “decided to
plan and undertake activities directed against Nicaragua”. Nicaragua brought a suit against
the United States on the ground that the United States was responsible for illegal military
and para-military activities in and against Nicaragua. Nicaragua alleged that the United
States is effectively in control of the Contras( Armed Activities carried
out by Fuerza Democratica along the border of Honduras and by
Alianza Revolucionaria Democratica (ARDE), along the borders of Costa Rica were
called as Contras).

Nicaragua alleged that some attacks were directly carried out by the United States military
with the aim to overthrone the government of Nicaragua.The United States did not appear
before the International Court of Justice at the merit stages, after refusing to accept the ICJs
jurisdiction to decide the case. The United States at the jurisdictional phase of the hearing,
however stated that it relied on an inherent right of collective self-defense Guaranteed in
Article 51 of the United Nation charter when it provided “upon request proportionate and
appropriate assistance….” To Costa rica, Honduras and El Salvador in response to
Nicaraguan”s Act of aggression against those countries.
 ISSUE PRESENTED

THE FOLLOWING QUESTION OF LAW ARISE FOR CONSIDERATION

BY THIS HON’BLE COURT

ISSUE 01

Whether International Court of Justice has Jurisdiction with the regard to the application
filed by Nicaragua against Military and Para-military activities of United States of America
in and Against Nicaragua ?

ISSUE 02

Whether the United States breach its customary International obligations not to violate the
Sovereignty of another state?

ISSUE 03

Whether the Military and Para-military activities that the United States undertook in and
against Nicaragua be justified as collective self-defense?
 SUMMARY OF ARGUMENTS

[Issue 1-] International Court of Justice have competent jurisdiction over the
application filed by the Nicaragua against United States of America regarding
Use of Military and Para-military in and against Nicaragua.

It is humbly contended that the court has competent jurisdiction, firstly, in terms of declaration of
Nicaragua of 24 September, 1929 under article 36(5).

secondly , under the declaration of the US of 14 August 1946 under article 36(2) of the statute of
the court. That , the United States of America recognizes as compulsory ipso facto and without
special agreement, in relation to any other state accepting the same obligation, the Jurisdiction of
the International Court of Justice in all legal disputes

This Hon’ble Court has also Jurisdiction on the basis of either Article 36 of the Statute of the
International Court of Justice (i.e. compulsory jurisdiction) or the 1956 Treaty of Friendship,
Commerce and Navigation between the United States and Nicaragua. The Charter provides that, in
case of doubt, it is for the Court itself to decide whether it has jurisdiction, and that each member of
the United Nations undertakes to comply with the decision of the Court

[Issue 2-] United States has breached its Customary International Law
obligations to not violate the Sovereignty of Republic of Nicaragua by use of
military and para-military activities.

The United States recruited, trained and equipped the trained recruits with armed supplies to cause
violence and disruptions in Nicaragua. This is a clear violation of Article 2 (4) of the UN Charter.
Further, the US government took unauthorized and unprecedented military and paramilitary actions
against the Nicaraguan State which amounts to a violation of Article 18 and Article 20 of the OAS
Charter.

Secondly, the attacks by the United States have involved in attacks through land, air and sea which
was a clear violation of international laws of Air and Sea. It violated the sovereignty of Nicaragua,
unauthorised intervention in the territorial waters of Nicaragua unauthorised intervention in the
territorial waters of Nicaragua, an act of aerial trespass over the authorized aerial space of Nicaragua;
all of which are in violation with numerous International laws and treaties.

[Issue 3-] The military and para-military activities that the US undertook in and
against Nicaragua cannot be justified as an act done in pursuance of ‘collective
self defense’.

There is no rule in the customary international law permitting another state the right of collective
defence on the basis of its on assessment of the situation. Where collective self defence is revoked
it is to be expected that the state for whose benefit this right is used will have declared itself to be
the victim of an armed attack.

None of the countries who were allegedly subject to an armed attack by Nicaragua declared
themselves as victims of an armed attacked .Even they did not request assistance from the United
States to exercise its right of self-defence.

As per Article 51 of UN Charter the inherent right of individual or collective self-defence if an

armed attack occurs against a Member of the United Nations, until the Security Council has taken
measures necessary to maintain international peace and security. Measures taken by Members in the
exercise of this right of self-defence shall be immediately reported to the Security Council and shall
not in any way affect the authority and responsibility of the Security Council under the present
Charter to take at any time such action as it deems necessary in order to maintain or restore
international peace and security.
 PRAYER

Wherefore in light of issues raised, summary of arguments given the counsels for the petitioner
humbly prays that the Hon’ble Court be pleased to adjudge, hold and declare:

1. This court has jurisdiction over the application filed by Republic of Nicaragua.
2. United States of America has violated its own customary law and Aricle 2 (4) of the UN
charter.
3. United States of America has infringed the Sovereignty of Republic of Nicaragua by
attacking directly and aiding contras.
4. United States is not entitled to take defence of collective self defence.
5. Cessation of the acts done by United States of America in violation of the integrity of
Republic of Nicaragua.

And pass any order, directions, or relief that this Hon’ble Court may deem fit in the Interest of
Justice, equity, and good conscience.