This is an extract of our Case List document, which we sell as part of our International Humanitarian Law Outlines collection written by the top tier of U.C. Berkeley School Of Law (Boalt Hall) students.
The following is a more accessble plain text extract of the PDF sample above, taken from our International Humanitarian Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Case List Nicaragua v. US (ICJ 1986):
- US Actions: refused to participate in ICJ case after ICJ rejected argument that ICJ lacked jurisdiction (dismissing the Court as a "semi-legal, semi-juridical, semi-political body, which nations sometimes accept and seomtiems don't"; then blocked enforcement by Security Council.
- HELD: US in breach of its obligations under CIL not to use force against another state.
- US argued that its actions were for the benefit of El Salvador, acting in response to an armed attack by Nicaragua (claiming to exercise a right of collective self defense).
- HELD: the provision of arms to the opposition does not constitute an armed attack (CIL) (at max: a breach with the principle of nonintervnetion)
- It is necessary to distinguish "the most grave forms of the use of force (those constituting an armed attack) from other less grave forms." (also used in Oil Platforms)
- "Widespread reports of a fact may prove on closer examination to derive from a single soruce, and such reports, however numerous, will in such case have no greater value as evidence than the original source." (also used in Oil Platforms) Prosecutor v. Tadic (ICTY 1995). Tadic argued: 1) court was illegitimately created through the UN Security Council, which created the ICTY without participation or consent of any of the states comprising the former Yugoslovia
- HELD: yes, the ICTY has jurisdiction. In order for an international tribunal to be established according to rule of law, it must be established in accordance with the proper international standards, provide all guarntees of fairness, justice, and evenhandedness, in full conformity with internationally recognized human rights instruments.
- Tadic argued: none of the alleged crimes occurred in the course of an international armed conflict.
- HELD: the laws and customs war referred to in CA3 includes all CIL of armed conflict, including that part which was applicable in NIAC. Grave breaches apply in NIAC. Did not determine the character of the AC in Bosnia-Herzegovina. "The Caroline" - 1837 settlers in Canada rebelled against the British colonial government. US remained officially neutral, but American sympathizers assited rebels with supplies transported by steamboat called
Buy the full version of these notes or essay plans and more in our International Humanitarian Law Outlines.