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Citation. I.C.J., 1986 I.C.J. 14, 103-123
Brief Fact Summary. In order to justify its various hostile acts against Nicaragua (P), the United States (D) claimed collective self-defense for its actions.
Synopsis of Rule of Law. Unless the aggrieved state requires aid, collective self-defense cannot justify hostile behavior.
Issue. Unless the aggrieved state requires aid, does collective self-defense justify hostile behavior?
Held. No. Unless the aggrieved state requires aid, collective self-defense cannot justify hostile behavior. In a situation where the acts of the allegedly offending state do not constitute an armed attack, a state may not come to the defense of another state as stipulated under the doctrine of collective self-defense, unless requested to do so. This is true under customary international law and the U.N. Charter. Under this scenario, neither Honduras nor El Salvador were under armed attack or requested aid. Based on this fact, the United States (D) could not properly invoke the principle of collective self-defense as a basis for justifying their hostile actions against Nicaragua (P). The Court hereby ordered the United States (P) to make reparations and to cease its activities against the plaintiff.
Discussion. No. Unless the aggrieved state requires aid, collective self-defense cannot justify hostile behavior. In a situation where the acts of the allegedly offending state do not constitute an armed attack, a state may not come to the defense of another state as stipulated under the doctrine of collective self-defense, unless requested to do so. This is true under customary international law and the U.N. Charter. Under this scenario, neither Honduras nor El Salvador were under armed attack or requested aid. Based on this fact, the United States (D) could not properly invoke the principle of collective self-defense as a basis for justifying their hostile actions against Nicaragua (P). The Court hereby ordered the United States (P) to make reparations and to cease its activities against the plaintiff.