The use of force in the Nicaraguan Cases
Book chapter
Schabas, W. 2018. The use of force in the Nicaraguan Cases. in: Sobenes Obregon, E. and Samson, B. (ed.) Nicaragua Before the International Court of Justice Springer. pp. 305-326
Chapter title | The use of force in the Nicaraguan Cases |
---|---|
Authors | Schabas, W. |
Abstract | The 1986 judgment in Nicaragua v. United States is of seminal importance in the development of international law governing the use of force, crowning a process of legal development that began in the first decades of the century. The case concerned various forms of material and logistical support provided by the United States to contra rebels in Nicaragua who were directly responsible for armed attacks. After unsuccessfully challenging Nicaragua’s request for provisional measures and failing at the jurisdiction and admissibility stage, the United States boycotted subsequent proceedings. The Court relied upon customary international law, given the multilateral treaty reservation to jurisdiction of the United States. It distinguished the most grave forms of the use of force (those constituting an armed attack) from other less grave forms. The Court rejected the idea that collective self-defence might have justified the use of force. The judgment has been considered in several subsequent cases before the Court and its holdings on the use of force continue to influence the broader debate, in particular with respect to the provisions of the Rome Statute of the International Criminal Court, as amended by the Kampala Review Conference, governing the crime of aggression. |
Page range | 305-326 |
Book title | Nicaragua Before the International Court of Justice |
Editors | Sobenes Obregon, E. and Samson, B. |
Publisher | Springer |
ISBN | |
Hardcover | 9783319629612 |
Electronic | 9783319629629 |
Paperback | 9783319874395 |
Publication dates | |
Online | 22 Nov 2017 |
2018 | |
Publication process dates | |
Deposited | 12 Dec 2017 |
Accepted | 01 Apr 2016 |
Output status | Published |
Accepted author manuscript | |
Copyright Statement | This version of the chapter has been accepted for publication, after peer review (when applicable) and is subject to Springer Nature’s AM terms of use, but is not the Version of Record and does not reflect post-acceptance improvements, or any corrections. The Version of Record is available online at: http://dx.doi.org/10.1007/978-3-319-62962-9_13 |
Digital Object Identifier (DOI) | https://doi.org/10.1007/978-3-319-62962-9_13 |
Language | English |
https://repository.mdx.ac.uk/item/875z4
Download files
115
total views43
total downloads3
views this month0
downloads this month