NICARAGUA VS UNITED STATES

FACTS:

In July 1979 the Government of President Somoza collapsed

following an armed opposition led by the Frente Sandinista de

Liberacion Nacional (FSLN).  The new government – installed by

FSLN – began to encounter armed opposition from supporters of

the former Somoza Government and ex-members of the National

Guard. The US – initially supportive of the new government –

changed its attitude when, according to the US, it found that

Nicaragua was providing logistical support and weapons to guerrillas

in El Salvador.  In April 1981 it terminated US aid to Nicaragua and

in September 1981, according to Nicaragua, the US “decided to plan

and undertake activities directed against Nicaragua”.

Initial support to these groups fighting against the

Nicaraguan Government (called “contras”) was covert. Later, the US

officially acknowledged its support.

Nicaragua alleged that the US is effectively in control of

the contras who violated international humanitarian laws.

ISSUE:

WON the relationship of the contras to the United States

Government was such that it can be equated as an organ of the US,

or as acting on its behalf.

HELD: No. The Court considers that the evidence available to it is

insufficient to demonstrate the total the total dependence of the

contras on the US aid. A partial dependency, the exact extent of

which the Court cannot establish, may be inferred from the fact that

the leaders were selected by the US, and from other factors such as

the organization, training and equipping the force, planning and

operations, the choosing of the targets and the operational support

provided. There is no clear evidence that the US actually exercised

such a degree of control as to justify treating the contras acting on its

behalf.