“Secret Wars,” Self-Defense and the Charter—A Reply to Professor Moore

Abstract

In a recent article entitledThe Secret War in Central America and the Future of World Order, Professor John Norton Moore, a staunch defender of United States actions toward Nicaragua, sets forth a comprehensive array of factual assertions and legal arguments to support his conclusions that support by the United States of Nicaraguan counterrevolutionaries or “contras” and its own actions against Nicaragua are justified as collective self-defense under international law. He also presents arguments to support his conclusion that the International Court of Justice has so exceeded its authority in exercising jurisdiction in the case ofNicaragua v. United Statesthat its decisions are void, and consequently may be ignored by the United States—or, for that matter, Nicaragua. Professor Moore’s analysis and conclusions differ sharply from those of the present writer. It should therefore be useful to identify the main points of disagreement, and to suggest the policy implications of the different legal arguments and conclusions.