Nicaragua v. USA Case, The Court Explained That The Principle of Non
Nicaragua v. USA Case, The Court Explained That The Principle of Non
Nicaragua v. USA Case, The Court Explained That The Principle of Non
What is it?
Issue, Rule, Application, Conclusion
Method for organizing legal analysis so that the reader can follow your argument
How to do it?
Issue
First state the question or problem that you are trying to answer (what might bring
the parties into court). This can be in the form a statement. Examples:
o “Colombia did not violate international law with the Phoenix Operation.”
o “The occupation of Alicantian territory since 2008 has been and continues
to be a violation of international law”.
Rule
State the rule or legal principle. This may take the form of treaties, custom
principles, etc.
o “Under customary international law, no State has the right to intervene
directly or indirectly, in the internal or external affairs of another State.”
o “The UN Charter is clear in prohibiting intervention inside the territory of
another State.”
o You can also use case law to explain the rule more thoroughly: “In the
Nicaragua v. USA case, the Court explained that the principle of non-
intervention entails that….”
Application
This is where you state your evidence and explain how you will arrive at your
conclusion. You may cite other cases, discuss policy implications, and discuss
(discount?) cases that run counter to your conclusion.
In here you connect the applicable rules of international law to the facts of the
case.
Make sure that you weigh both sides and make counterarguments where
appropriate.
Use case law, analogizing and distinguishing, and policy to work your way to a
conclusion.
o “In this case, the acts committed by Agnostica are far from genocide,
ethnic cleansing or crimes against humanity. While these crimes are
systematically committed by the State, the events of 26 December 2015
may only be regarded as an exceptional occurrence during the protests,
which took place without any restrictions (Compromis, ¶ 15). In fact,
military personnel were lightly armed during the protests (Compromis ¶
16).”
Conclusion
In here, you “play judge”. This means you tell the judge what the decision should be. It is
the conclusion that comes from all the process that you have done before.