JJC_H1_HIST_P1

PRELIMINARY EXAMINATION 2009 HISTORY 9731/8814/01 Paper 1: International History 1945-2000 Friday 21 st August 2009 3 hours READ THESE INSTRUCTIONS FIRST 1. Answer four questions. 2. You must answer Question 1 (Section A), and any three questions from Section B. 3. Begin each question on a new sheet of paper. 4. Fasten all your work securely together. INFORMATION FOR CANDIDATES All questions in this paper carry equal marks. You are reminded of the need for good English and clear presentation in your answers. This question paper consists of 5 printed pages (including this page & 1 blank page) 1

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Section A You must answ er Question 1 The Failure of ICJ in the Nicaraguan versus USA Case 1. Read the sources then answer the question. Source A Nicaragua was able to prove its allegations with evidence provided by Ameri cans, ranging from statements made by the Pr esident to assertions by me mbers of Congress, a former CIA agent, journalists, academics and human rights investigators. This gave Nicaragua an enormous litigating advantage over the United States. Indeed, Nicaraguan officials were able to attest to the nation’s innocence of all wrongdoing. However the Court does not have the power to hear cases unless it involved the parties concer ned, or the United States specifically agrees to jurisdiction by the Court. Professor of Law in the ‘American Society of International Law Journal’, 1987 Source B The Court (ICJ) by twelve votes to three rejects the justificat ion of collective self-defence maintained by the United States of America in connection with the military and paramilitary activities in and against Nicaragua. By twelve votes to three, deci des that the United St ates of America, by training, arming, equipping, financing and supplying the contra forces against Nicaragua, has breached its obligation under international law not to intervene in the affairs of another State. By fourteen votes to one, d ecides that the United States of Am erica, by failing to make known the existence and location of the mines laid by it in Nicaragua harbours has acted in breach of its obligations under international law. Case judgment by the ICJ in June 1986 Source C Because of its withdrawal fr om the case, the United St ates made no appearance in the proceedings before the court. Not surprisingly, the reaction of the US government to the Court’s decision on the outcome of the Nicaragua vs. United States case was highly negative and dismissive. It announced that it would not abide by the judgment, vetoed subsequent proposed Security Council resolutions seeking to enforce the judgment, and continued to provide additional funds for t he actions it has been accused of c