1988

ICJ

Case concerning border and trans-border armed actions Nicaragua v Honduras Jurisdiction

Nicaragua filed an application against Honduras in respect a dispute concerning alleged activities of Contras openly based in Honduras territory and carrying out attacks to Nicaragua. Jurisdiction was based on art XXXI American Treaty on Pacific Settlement (Pact of Bogotá 1948) which basically established compulsory jurisdiction to the ICJ between American States, and declarations of compulsory jurisdiction. The declaration made under Pact of Bogotá was considered by the ICJ independent of the latter ones The ICJ found jurisdiction in the case

Honduras contended that 1. Dispute was political. 2. Application was vague and imprecise 3. Nicaragua had failed to show that the dispute couldn’t be solved by ‘direct negotiation’ which is a precondition to refer to the ICJ according to Bogotá. 4 Having accepted Contadora process as the special procedure, Nicaragua was precluded to take other process without conclude that. (75) Honduras cannot plausibly maintained that at the date of filling the application the dispute was at that time capable of being settle by direct negotiations through the usual diplomatic channels