The Nicaragua Judgement and the Use of Force – 30 Years Later

Polish Yearbook of International Law, Vol. 36 (2016), pp. 21-36

19 Pages Posted: 18 Sep 2017

See all articles by Roman Kwiecien

Roman Kwiecien

Jagiellonian University in Kraków

Date Written: August 24, 2017

Abstract

In light of contemporary circumstances, on the 30th anniversary of the Nicaragua judgement it is worth revisiting and considering again certain legal problems decided by – and raised by – the ICJ judgement. This article addresses the importance of the judgement in terms of international legal regulations on the use of force. First and foremost, the article examines the concept of armed attack based on the “gravity” criterion elaborated by the Court and the exercise of the right of self-defence. Moreover, the relationship between customary international law and treaty law, as well as forcible counter-measures and military actions against non-State actors are also discussed in the article. It is argued that the “gravity” criterion used by the ICJ seems controversial and, consequently, may limit the right of self-defence. On the other hand, however, the judgement established a strong barrier to the realization of individual political interests by militarily powerful States. This is the Nicaragua judgement’s long-lasting legacy. In this sense the judgement has stood the test of time.

Keywords: armed attack, counter-measures, customary international law, Nicaragua judgement, non-State actors, self-defence, UN Charter, use of force

JEL Classification: K33

Suggested Citation

Kwiecien, Roman, The Nicaragua Judgement and the Use of Force – 30 Years Later (August 24, 2017). Polish Yearbook of International Law, Vol. 36 (2016), pp. 21-36, Available at SSRN: https://ssrn.com/abstract=3025599

Roman Kwiecien (Contact Author)

Jagiellonian University in Kraków ( email )

Gołębia Street 24
Kraków, Kraków 31-007
Poland

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