S/PV.2716 Security Council

In accordance with the decision taken by the Council at its 2715th meeting, I invite the Minister for Foreign Affaira of Nicaragua to take a place at the Council table. At the invitation of the President, Mr. D’Escoto Brockmann (Nicaragua) took a place at the council table.

I should like tc inform members of the Counci; that I have received letters from the representatives Of Cuba, Xndia, Iraq, Mexico, Peru and Yugoslavia in which they request to be invited to participate in the discussion of the item on the Council’s agenda. In accordance with the usual practice, I proposer with the consent of the council, to fnvite those representatives to participate in the diacuasion without the right to vote, in accordance with the relevant provisions of the Charter and rule 37 of the Council’s provisional rules of procedure. There being no objection, it is so decided. At the invitation of the President, Mr. Oramae Oliva (Cuba), Mr. Charekhan ) (India , Mr. Kittani Ire Mr. Pejic WugOBlavia) took the places reservea for them at the aide of the Council Chamber.

The Security Council will now resume its consideration of the item on its agenda. Mr. WALTERS (United States of America)1 We are once again gathered at the request of Nicaragua to conaider, for the third tinbe, the June ruling of the International Court of Justice. It has become painfully apparent that the Sandinistas pay only lip-service to the serious nature of this body’s deliberations. It is a travesty that this Council is forced to listen yet again to shopworn Sandiniota complaints, while Sandinista aggression against their neighbours and repression at home continue unabated. tat me be very clear from the outset that the policies of my Oovernment with respect to the Nicaraguan democratic resistance have in no way changed since this topic was first raised by Nicaragua in this body. The Administration95 request to the United States Congress for assistance to the democratic resistance was no secret. Indeed, it was expressly debated in this very room not three months ago. What Nicaragua has done is to seize on the fulfilment of that request as a pretext to bring this Council once again the distortion that Nicaragua rather than its neighbours is the innocent victim. We reject those distortions today as we have rejected them in the past. Ttre Sandinistas’ aggression against their neighbours and repression of. the people of Nicaragua are the issues which thin Council should be considering. If there is a difference at all since Nicaragua last convoked this body, it is that on this occasion Nicaragua has selected a new procedural vehi<:le for airing its complaint. The position of my government concerning the absence of jurisdiction and co~~p-~eLenCe oii the part of the s-+---n*lnnnl +rsrt: of Justice to ..a-“-..- _--.._ - Pass upon Nicaragua’s allegations has long been a matter of public record. Acceptance of the jurisdiction of the Court is a matter of consent. It is not asmethinq that happens as a function of membership in the United Nations pursuant (Hr. Walters, united States) to the Charter or the Statute of the International Court of Justice. That ie why, of the 14 members of the Council other than the United States, 11 do not accept the compulsory jurisdiction of the Court at all - let me repeat, 11 out of 14 do not accept the colPpulsory jurisdiction of the Court at all - and the remaining three members of the Council have subjected their acceptance of the Court’s jurisdiction to understandings and reservations. The United States does not accept the proposition that we have consented to the jurisdiction of the Court in the case brought by Nfcaragurr. Consequently, we do not believe that the current item brought by Nicaragua under Chapter XIV, Article 94, of the Charter has any iaerft. There is nothing in Chapter XXV of the Charter that speaks to the question of jurisdiction and nothing anywhere in the Charter that can be said to create consent to jurisdiction where none exists. Let me return briefly to the legielation I referred to a monient ago. As Council members are aware, President Reagan signed on Saturday, 18 October, legislation authorizing provision of aesistance to the Nicaraguan democratic resiatmce. The legislation makes clear that United State8 policy towards Nioeregua will continue to be based upon that Government*s responeivenese to continuing concerns affecting the national eecurity of the united States and Nicaragua’s neighbours about the following: first, Nicaragua*8 ClOSe military end security ties to Cube and the Boviet anion and ite Warsaw Pact allies, including the presence in Nicaragua of military and security peraonnel from those countries; secondly, Nicaragua’e build-up of military forces in nunbra grossly disproportionate to those of its neighbours and the fact that Nicaraguan forces are eauipped with sophisticatea weapon6 systems and facilities designed to accommodate even more advanced eauipment; thirdly, l4iceragua*e unlawful eupport for armed eubvereion and terrorism directed against the democratically elected Government5 of other countries8 fourthly, Nicaragua’6 internal repression and the lack of (Hr. Waltere, United States) opportunity for the exercise of those civil and political rights that would allow the people of Nicaragua to have a meaningful voice in determining the policies of their Government through participation in regularly scheduled free and fair election8 and the establishment of democratic institutione$ and, fifthly, Nicaragua’s refusal to negotiate in good faith for a peaceful resolution of the Conflict in Central America based upon the comprehensfve implell@ntation of the SepterabeK 1983 Contadora Qocument Of Objective8 and, in particular, its CefU8al to engage in a 8etiOU8 national dialogue with all elements of the Nicaraguan democratic opposition. We began disCUSSing this aid package in February, when, however, we were asked to delay this assistance to allow the Sandiniste Government yet another l laBt chance" to demon8trate its desire to negotiate. Nine months have paSSed, during which the Goverment of Nicaragua ha8 not made a single genuPne move towards negotiations. On the contrary, the Sandinietes have again obstructed regional negotiation8 by filing additional frivOlOU8 Suit8 in the International Court Of justice against their neightmurs ROYIdUra8 ati Costa Rica, while purporting to want to sit down with them at the negotiating table. The legislation recently passed by the united States Conyreee aims to promote the prospects of achieving a negotiated regional settlement. Relevant part8 of the law read a8 followss "The purposes of this joint resolution are to promote peace, etability and de-racy in Central America, to encourage a negotiated reeolution of the Conflict in the region . ..* I quote again: *Assistance to the Nicaraguan democratic resistance under thie title shall be provided in a manner designed to encourage the Government of Nicaragua to respond favourably to the many opportunities available for achieving a (Mr. Walters, United States) To provide the Sandinistas with an incentive to negotiate seriously, the legislation stipulates that the assistance is to be disbursed in separate tranches. The Sandinistas@ willingness to negotiate in earneat is a key factor in determining whether subaeauent tramhes are to be disbursed. As further evidence of our desire for a diplomatic resolution of this conflict, the law also authorises $2 million to facilitate the participation of Costa Rica, El Salvador, Guatemala nnd Ronduras in regional meetings and negotiations to promote peace. As I have told the Council before, we are convinced that the sandinistas* behaviour has demonstrated that the Nicaraguan regime will negotiate seriously with the opposition and its neighbours only when under pressure to do so. our assistance to the Nicaraguan democratic resistance is the essential element needed to convince the Government of Nicaragua to enter into such negotiations. Siow ironic it is to hear the Nicaraguan Foreign Hinieter present the cam of a captured airman as evidence of united states intervention. I eay ironic because it was in January 1981, over five years ago, that another airman use, captured while involved in supplying arms to anti-Government forces. fhwever, that airman, Julio Rcmero Talavera, was captured by the Salvadorian authorities. Re was linked to the clandestine operation mounted out of the Papalonal airstrip in Nicerague to smuggle arms and other war material to the Marxist insurgents in El Salvador. ThiS operation had the total and active support of the Nicaraguan Government. The importance of Mr. Romero Talavera to the Salvadorian guerrillas wae underscored last year when they included his name on the list of priscnera they demanded be exchanged for the kidnapped daughter of President Duatte. As is well known, Managua was the focal point of all negotiations about the release of President Duerte’B daughter. The Romero Talavera case is but one eariy ex0xple of a large and continuing effort by the Sandiniatae materially to support Marxiet insurgente in neigbouring (Mr. Waltere, United States) countc ie8. Ae they have put into praatiue their policy of tevolutiomry intemationelima, thuy have flouted intetnetionef lev end violeted their pledge to the international cumunity not to uport their tew3lutfon. The evidem is aaMivu and undeniable that the Sandini8ta8 have provided a wide range of mpport, including training, weaponm, munition and other vital supplier, commnd-and-control headguartero ad advice to the I4er%iot innurgent reeking to overthrow the deaocratically elected Ooverment of El Salvador. They have facilitated ths use of Nicaragua am a rear-area sanctuary for ttm robe18 ard a heaquartera for their political et& (Mr. Walters, unitea States) Ttmir subversive acts have not been limited to El Salvador, of course. They have provided covert aesistance to mbvereive groups throughout the region. Their attempts to infiltrate aubvereives into Ronduras in 1983 ana 1984 are well known. So are their efforts to 5UppOrt tettOriSte in Costa Rica, the region’s oldest demoracy. Need I remind anyone of the Sandinistas’ ties with other terrorists, such aa those ahown by their provision of weapons to the Colombian M-19, which were used in the heinous attack on the Palace of Justice in Bogota? Since 1379 the Sandinistas have turned Nicaragua into a haven for terrorists from around the world. Let us naw look at what the Sandinistas have done at home. Let me emphasise that it io Mt Aaericane who have rieen up in arms against the broken promises and repreesion of the brutal r@ne. Those who are bringing sorrow, suffering, death aud slavery to the people of Nicaragua are the leaders of the Sandiuista r&im. The &ndinistae have 50 betrayed their owu promise of freedom that more than 20,000 Nicaraguans hawe taken up arms against them and hundreds of thousands more are in exile. fo past meetings I have detailed the many abueee of the Nicaraguan regime against it6 own people. During the paet five amnthe the Sandinieta regime has moved aggreseively to consolidate further its totalitarian rule, inteneifying its drive to 5iPence and immobilise Nicaragua’s civil opposition. The ruthless assault on the Catholic Church, the private sector, the free press and the political opposition is designed to close all avenues of legal dissent. Official Sandinista propaganda organs have attacked the Catholic Church hierarchy for defending religious liberty in Nicaragua. The volume of attacks on Cardinal Miguel Obando y Brwo, Biehop Pablo Antonio Vega of Juigalpa and Church spokesmen Monsignor Bismatck Carballo reached a crescendo in June. On 28 June the Smdinista C&&WI denied Monsignor Catballo re-entty to Nicaragua. On 4 July it expelled Bishop Vega from the country. The forced exile of the two clerics wa8 dismissed by President Ortega, who suggested that these men should have received 309year prison terms. On 26 June the Ministry of the fntetior ordered the indefinite closute of Nicaragua’s last vestige of a free press, La Ptensa. The shut-down consolidated §andinista control of the dissemination of infotmation within the country. Despite public protests by the Catholic Church, the Permanent Commission on Ruman Rights and the Democratic Co-ordinating Comittee, and oondemations by the international press, Commdante Bayardo Arce called the action mirreversible’. The Sandinistas BBex to regard everything they do as irreversible. History will prove them wrong; the destruction of freedom .s nevet ittevetsible. Paralysing reWrictions, including a ban on strikes and labour organisations, have effectively eliminated aotivity by independent labour organisations. The two 1ttgtSt independent confederations have been teduced to issuing pleading but ftuitless appeals and protests on behalf of theit members. arrests of labour activi8te have aontinued. Repression of Nicaragua’s political opposition remains intense. A notable change in the t6gime’e tactics was the apparent decision to move forcefully against the other parties teptestnted in the National Assembly. Seretofote they had been largely txexptod from the mote obvious forms of hatasement because of the parties’ utility as ‘proof’ of the r&ime’s pluralistic nature. For example, In response to the Independent Liberal Party’s increasingly outspoken criticism of regime policies, the Sandinietae, 119 mid-Way, carried out night raid8 on the homes of 35 party members, arresting them on charges of conspiracy. (Wr. Walters, United States) I ohould like to address the allegationa regarding the United States citizen currently on trial in a kangaroo court in Wicaragua, or. Aaaetnfus. I reiterate to this body nry Gowern6entg6 repeated a66urances that the flight in which Mr. Uasenfus took part was a private initiative. It was not organised, directed or financed by the United States Ooverment. I 6hall al6o refterate that we consider Mr. Rasenfua and hi6 as6uciate6, the late Mr. Cooper and Mr. Sayer , to be brave sari who were angaged in tha task of helping the people of Nicaragua in their struggle tovarda freedom. Many private citixen6 have coma forward to help in that 6truggle fcr f redera. We do not know who they all are@ any more than we know the identity of all the Aaerican6 helping th6 Sandinista r&gime. Amsricans are free to 6upport either side in Central America, and, unlike Nicaragua, we do not consider it 6 legitimate tack of Government to track down who 16 contributing what to whom so long a6 our law6 are not violated. The oondithne of Mr. 86senfus’ detention in Nicaragua have been consistent with the Sandini6ta preoccupation with e%ploiting the media. we deplore the carnival nature of the praceedinge. This man I166 been held for two Heek6. During that peri& be he6 been paraded before the pre66 cm 6everal OCc66ion6, made a decision to accept a rapid trial and su@po6edly mede a written COnfeseiOn. Rowever, until after Monday'8 session he had had no opportunity to meet with his attorney; he had 6een hi6 wife only in a 450e6cond-long photo 6e66iOn; and he had met only onue with 6 ccnmler officer, for lo minutes in the preeence of 6even Sandiniets off icicle. We do not b6lieve that action6 taken in such a coercive environment can be considered voluntary or informed. This certainly dCH36 not prowide acceptable standards of due pree66. (Mr. Walters, United States) The facts of the current situation in Central America are clear. The Sandinista r6gime has Oeen and continues to be guilty of the worst sort of totalitarian oppression against its people in its single-minded attempts to subvert its neighbours. To divert attention fror; its own reprehensible actions, the Nicaraguan regime has manipulated the International Court of Justice, the United Nations General Assembly, this Council and a number of other international forums founded to pursue topics far mre important and meritorious than those of Sandinista propaganda. Simply stated, the Sadiniota r4gime must come to terms with its own people. serious negotiations to end the Nicaraguan civil war are the only Possible route to an euuitable settlement and the Government of the United States urges in the strongest possible terms that such talks hegin, the sooner the better. only then will we see justice prevail in Niczaragua and, lamentably, only then, apparently, will we be spared the continual abu8e of this body in Sandinista ploys to avoid the path to a peaceful settlement in Central America. Yesterday, the Nicaraguan Foreign Minister sought in outrageous fashion to compare my Government with that of nezi Germany. Thio statement dishonours those who make it. I take pride in the crucial role the United states played in ending the Nazi tyranny, and in noting that hundreds of thousands of our fineot young men sacrificed W!air lives in the fight for freedom. I take pride that I participated personally in that noble struggle for liberty. Unfortunately, the Sandinista regime is incapable of conceiving the true meaning of liberty. If Mr. D’EscOto wishes to cite examples of contemporary barbarism against a minority people, he has one at hand: the persecution by his own Government of the Hiskito Indfann.

The next speaker ie the representative of India. I invite him to take a place at the Council table and to make a statement. Mr. C3RAREKUAN (India) : Sir, since this ia the first time this mcnth that my delegation is addressing the Council, may I join those who have spoken before me in congratulating you on your assumption of the presidency of the Security Council for October. We are confident that with your considerable diplomatic skill and experience you will guide the deliberations OP this Council, as you have done ao far, with distinction. I also take thia opportuniry to express our appreciation tc Ambassador Beloncgov, the Permanent Representative of the Union of Soviet Socialist Republics for the exemplary manner in which he conducted the deliberations of the Council in September. The item relating tc the aituation in Central America has been m the agenda of the Unrted Nations General Assembly fcr more than three years. Rx the twelfth time ever thia P+?riod, Nicaragua has felt compelled to have recourse tc the Security Council. This ir, indicative of the tension that prevails in Central America aa well aa of the aenae of insecurity that the Government and people of Nioaragua continue to experience. This ia perhaps the firet time that a Gcvernment haa ccme to the Security Council under Article 94 of the United Nations Charter, to seek compliance by a Member State with a judgment of the International Court of Justice. Paragraph 2 of Article 94 statea, inter aliat “If any party to a case failff to perform the obligations incumbent upon it under a judgment rendered by the court , the other party may have recourse ice the liecucity Council, which may, if it deems nece%ary, make recommendations oc decide upon measures to be taken to give effect to the judgmenta. Wr. Gharekhan, India) In this context, we have listened with attentlon and concern to the statement of the Foreign Minister of Nicaragua, who has explained the circumstances which have led his country to take recourse to this measure. It is a nratter of regret that Security Council resolution 562 (19SS) has not had the desired posLtive effect in Central America, The situation there cOntinUes to deteriorate, endangering peace and stability in the region. Central America has figured prominently arpong the issues engaging the attention of the Movement Of Non-Aligned Ccwntr fed. At the Eighth Conference of Heads of State or Government of Non-Aligned Countries held at Hatate in August-September 1986, the Movement reiterated its solidarity with Nicaragua. The Non-Aligned Movement has time and again reiterated that States have the inalienable right to chose their politicalr economic and social system free from outside interference. I should like to take this opportunity to reaffirm the ties of solidarity and friendship which the Governmeat and people of India have for the Government and people of Nicaragua. Ae developing countries we face similar problems Of development and nation-building. We are prepared to share, in whatever manner possibles our experience with them. In the more specific iesue before UQ today, that is, the judgment of the International Cuurt of Justice of 27 June 1986, I should like to quote from the Declaration of the Beads of State or Government of Non-Aligned Countries in Hararer *The Heads of State or dovernment urged the United States to comply with the ruling of 10 May 1984 on Provision%1 Measures of Protection and the Judgment of 2 November 1984 on the jurisdiction and admissibility of the demand of 9 April 1984 presented by Nicaragua. They further called upon the United States to comply with the decision SC the International Court of (Mr. Gharekhan, India) Justice delivered on 27 June 1986, especially the findings of the Court that the United States, by ite many hostile acts against Nicaragua, violated international law, that it is under a duty immediately to cease and to refrain from all such acts; that it fa under an obligation to make reparations to the Republic of Nicaragua) and that the form and amount of such reparetionsr failing agreement between the patties, will be Bettled by the Court.” It is our conviction that peace in Central -rice can be brought about Only if policies of intervention, interference and intimidation, the threat of use of fotce and other coercive measuree are eschewed. We have welcomed and fully Supported the diplomatic efforts of the Contadora Group of countries and of the Lima Support Group, aimed at securing a negotiated solution to the crisis in Central America. We remain convinced that the Contadora Group represents an authentic regional initiative for solving the Central American problem by peaceful means. We urge all States concerned to increaee their efforts in order to bring the peace process spearheaded by the Contadora Group to fruition. We are confident, too, that the Lima Support Group will contribute significantly to strengthening the efforts for peace in the region. Important and indeed, vital, aa these efforts are , they cannot succeed without the full co-operation of the international community. We all have a duty. We all have a responsibility. In being fully responsive to aut obligations under the Charter, we can contribute to the maintenance of international peace and security. The PRESIDENT (interpretation from Arabic)8 I should like to thank the representative of tndia for his kind words addressed to me. The next speaker is the representative of Peru. I invite him to take a place at the Council table and to make a statement. Hr. ALZAMORA (Peru) (i&.ecpretetion troa @anirh)r ‘No weeks ago rpy delegation spoke in this Council in Psveur of peaand a negotiated solutioor to 0 bloody conflicts ye&or&y, ay delegation spoke in the plenary meeting of the General rrsoeubly in favour of non-interventfem and relf-deterainatim in another highly disturbed region of the world. T&&y, for the came reaoone of principle, and in mxordance with our legal tradition, my delegation feele impelled to speak again on another caee that includes conatitwnt elewnte of thore two I have mentioned, but that essentially involve8 a univetral value of priority importance that lies at the very origin and reason for the existence of this Organiastton, and hence involvee the fate of everyone of Lte Nmbers. (Hr. Alsamora, Peru) f refer to the international legal order and consequently to the central issue of vhether or sot States Members of this Organisation are protected by international lav, vhether the legal order ia observed and respected and whether we do indeed rely on a collective system of guarantees that can ensure that Umber States have the possibility of peaceful coexitiftenCe* This is a fundamental global issue that, because of its implications for future conduct of the international system, goes beyond protagonists or partners and also beyond the framework of any bilateral dispute or any given contentious issue and finally raises for the United Nations, for this Council and for every #ember State the question of whether the United Nations oupports the international legal order, for which it was established and founded, whether it ptOteCtS the Charter and the eystem of guarantees laid down therein, or whether we have to admit that we are all enposed to the law of the mighty. If inaction by the United Nations show5 that those guarantee8 do not exist, our status a8 independent sovereign States is called into question and our capacity as St;8tes NemberS of the world Organisation established to aonsolidate peace and law Ls a fiction. We are aware that force has always been present in the practice of international relations and that today it is being applied in several regional conflicts, sOme of which we have alrbady mentioned. But this one has tvo dietinctive characteristics that give it and thie debate a unique normative imd illustrative character. It is a conflict in which the highest court of the world has already declared vhat is right and has pointed out the responsibilities in a decision that the United Nations Charter makes It binding to respect. What is more, it is a regional conflict for which there exists a mechanism and a process of negotiation for peaceful settlemer established by eight countries of (Mr. Alzaaaora, Peru) the region that all the parties directly or indirectly involved have accepted and have said they are willing to observe. None the less the public commitment entered into and repeatedly endorsed in favour of peaceful settlement has in practice been replaced by escalating violence and growing direct support for military operations. This debate is of exceptional importance in at least three areas) the legal Order as a collective expreosion to regulate international relations) the political order with regard to the abuse of power or its use for pUKw3eS of hegemony8 the order of the national security of enwll and medium-sized States which make it their priority to base their national independence and sovereignty on whole-hearted reopest for the principles of non-intervention, non-use of force and non-interference in the internal affairs of other States. Besides its mramtive value for the present and the future, the decision of the International Court of Justice enable6 the international community to have an objective judgement from the legal standpoint on a situation that is increasingly obsoured by ideological struggle and criteria of a markedly military and political aast. The decision point8 to irrefutable instances of violation of the obligations of non-interference in the internal affairs of other States, non-use of force and non-violation of the national sovereignty of Other Stotee. In addition, these violations are of very special significance to the Latin American and inter-American legal system because, since they embarked on an independent life, the Latin American States have been highly sensitive to the legal regulation of their foreign affairs. A long succea5ion of foreign ifat.tiifGrGiitSZ taught them early that sovereignty had to be safeguarded by the rule of international law. (Hr. Alsaxota, Peru] Since then the drafting and eagutting of the prinoiple of non-interference be gone from being regiaral to being univarral. After a long struggle, the principle of non-htwferace haa baanw a poeitiva rule of intumtiaal tv. It vent from regional legal inmtitutiona to universal bodies. Non-interferena, a8 derived frm the dociaion of the Court, im an imperative rule, a conventiaIa1 rule and a CuOtoVry rule of international lav. 5no the intet~tionsl instrulpnta that explicitly anrhrine the principle have tecwerad fheir full face, and the l%W Wectivea l qa again regiarally and univuaally endor ra8 by, for imatinee, the Inter--erican Protocol ~1 Non-Intervention adopted in Busnae Aires in 1936; the DaUlaratiOn of Principlr of the EiCth end Ninth Inter-ketican Ca\ferances~ tha Char ta of the orgaisation of keriaan Ste to85 the C&Clara tion on the InadrPiecibility of Intarfacamm in the Internal Affair8 of Stawe (anera Amsslpbly renolution 2l31 (Xx))0 the molacatian of Principlar of Internatia\al tsv (Qatreral Assembly ramhtim 2635 (XXV))$ Qsnerel ksembly rmolution 37/u), on tie psaoeful oettleamt of dioptea% and finally the very Charter of the ulitrd NatioWJ. NPne the 1-a I viah ta m&e refarena to tvo inbrnational inmtrumnts vhich, because of Meit very nature Sne loom, mafco rrlmar the urivroality of the int@rnatiaal obligation W abide by the prinoiple Of ncn-intervention. The Deslaration of Dr inoipleo of IntrPnatianal Uv oanoerning Primely Relation0 ad ~peretim allong States in swrdenoe vith the Charter of the United Natiane, the text of clhich vaa edopted without a vote by all Ilerbu s&tea of the UIited Native, expcemoly etatee maits l No State Or group of States hap the right to intervane, directly or indirectly, fat any reafmn *atev6+r , in the internal a extanal affaife of any other State. Cakeequently, ararsd intervantim end all other forao of interference OK attanpted threats against the personality of the Sbte Or against its political, ewnomic and cultural elearents, are in violation of international law. *No State msy we or enwurage the use vf ewnmic, political or any other type of measures to coerce mother State in order to obtain frOiP it the subordination of the e#erciee of its sovereign rights and to secure from it aamtagea of my kind. Also, no state shall orgmize, assist, forPent t finmoe, incite or tolerate stiversive, terrorist or arRled activities directed towards the violent averthrow of the rdgime of mother State, or interfere in Civil Strife in another State’. (general Assetily resolution 2625 (XXVI) - The fIelsinki Declaration negotiated and signed at the European security Caaferenoe endorsed the broad principle of mm-intervention, pointing out that: Vhe participating States will refrain fram my intecvmtim direct or indirect, individaral or wllective, in the internal or external affairs falling within the tiestic jurisdiction of mother participating State* regarbless of their mutual relations.” Accordingly .They will, inter alia, refrain from, direct or indirect assistance to terroristic activities, or ti subversive ar otler activities directed towards the violent overthrad of vie regime of anotier parrticipating State.* (Mr. Alzamora, Peru) we have discharged our duty as a member State of the international community in bringing to bear criteria and elements that allow a judgexent to be formed pursuant to the Coumil’s responsibility in the ixplexentation of the provisions Of the Charter. We do thia with the aaxe objectivity and conviction as one year ago when we were a member of the Council and had to asaume our own reeponsihilities therein. We are convinced that for the benefit of all, large and small, the Council, as in the past, will find a way to reconcile the heterogeneity of its interest8 with the unanimous aspiration of humanity for an order founded on peace and law, aud thus will arrive at the necessary agreements to preserve the international legal order which is an essential condition for civilised coexistence. The PRESIDENT (interpretation from Arabic)8 I thank the representative of Peru for his kind words addresaed to me. The next speaker is the representative of Iraa. I invite him to take a place at the Council table ati to make his statement. fir. KITTANI (Iraq)(interpretation from Arabic)2 Allow me at the outaet to express to you, Mr. President, and, through you, the other members of the Council our sincere thanks and sppneeiation for acceding to our reauest to participate in this debate. The Iraai delegation and the Arab Group at the United Nations a6 a whole are extremely pleased with the exemplary manner in which you have been presiding over the Council*6 work this month. (spoke in English) Once again, at Nicaragua’s rmuest, the Security Council has convened to consider the judgement ieeued by the International Court of Justice in the case brought before it by Nicaragua. My delsgation’e requeet to take pdt in the present debate emanates from our conviction that the subject of the Cmncll*e (Hr. Rittani, Irau) deliberations at present involves a number of fundamental principles of overriding importance. Those principles, in our view, lie at the heart of maletn international relations; they constitute the very foundation upon which the entire syetem for the maintenance of international peace and security, so laboriously developed over the past decades, rests. we believe that every State Member of the United Nations has a stake in upholding those principles and the eyetem of collective security enshrined in the Charter. The first fundamental point to be reiterated on this or any similar occasion is the solemn obligation of every Member to respect the sovereignty, national independence an6 territorial intwtity of other States. As the Court’s decision clearly states, customary international law, including the provisions of the united Nations Charter, prohibits intervention in the affairs of other States. The second principle, closely related to the first, wlbich should be reaffirmed iS the right of Nicaragua and of all other countries, whether in Central America or elsewhere, to rive in peace and security, free from outside interference, decide freely their own political, economic and oacisl 8ystems, and dewelop their international relations according to their people’s interests free from outside interference, subversion, direct or indirect ooeroion or threats. The third point that we wish to reaffirm ie the fact that, in accordance with the Charter, the International Court of Justice is the principal judiaial organ of the United Nations and that, in accordance with Article 94 - and without going into polemics - eech Member hss undertaken to comply with the Court’s decielon in any caee to which It is a party. The fourth principle which must be repeated here is the clear obligation of the partiee to any diepute the continuation of which is likely to endsnger the (Mr. Kittmi, Iraa) maintenance of international peace and aedrity to seek a solution by peaceful means. As the Court*9 aecieion emphamiaes - and here I refer to clucument S/18221, paragraph 290 - this principle ie enshrined in Article 33 of the Charter, which indicate6 a number of peaceful Ipeane which are available to the parties. In this connection, we wish also to bupport the Court*8 reference to e . . . the need to co-aperate with the Contadora effortam - and here I might add and those of the Lipps Su&qort Group - -in seeking a definitive and lasting Peace in Central America, in accordance with the principle of customary international law that prescribes the peaceful settlement of international dispute%" (s/18221, para. 291) May I end on what I hope will be a positive note. Thoee and other central point8 in the judgement of the International Court of Justice reaffirm the inrportanCe for all Member States of the Couft*e role a8 the principal judicial organ of the united Nation8 ana a mean6 for the peaceful settlement of dieputee in the interest of international peace and eecurity. Ecpecially at a time when the credibility of the United Notion8 seem to have become a faVoUrite eubject - particularly in this country - it behoves all of ue to reflect eeriouely on the pooitive implkatione of this hi8tOriC judgement which, in our opinion, goes far beyond NiCeragU8 and Central America. In ite landmark decieion the Court haa, in clear and eimple language, thrown the fundamental obligation8 of me;nberehip in this Qrganiaation into sharp relief. Is it too much to hope that the judgeuent will encourage all Member 8tates to consider seriously resorting to the Court or to procedure8 prescribed by the Court in its jUdgemnt to eettle their dieputes? xs not compliance with the Court’s juageamt and the settlement of thie dispute through negotiations conducted in good faith the best way to enhamce the credibility of the United Nations? (Mt. Rittani, Xreq) Finally, 18 it too nueh to hapn that in the ysara to cana m will b @blo to look back to JUM 1986 a8 8 turning-point ~JI fntorn8tionrl relations - away Iran interference in th affaira of otherr and in the diraatiun of respast for th0 oolun obligations of Statan und8r ou*t6muy internation law aid tlm United Nations Charter? We hap0 not. The PRESIoEWr (interpretation Crow Arabic)8 I &Mnk tRa representattve of Xrw for his kind worda &dUrer&ul to 19. The next rpeaker is thm reprasmktivm of nutico. I invite bin to take 8 place at the Cauncil table and to uke him rtatesant. Mr. MOYA RILENCIA (Mexico) (interpretation from Spanish)% I should like to extend to you, Mr. President, our cordial congratulations m the wisdom with whit32 you are conducting the war k of the Security Council this iomth. We wish to ttrank the me&era of the Council mce again fa this opportimity to take part in their debatis. Yesterday, we listened attentively to the statemnt by the Minister for Foreign Affairs of Nicaragua, Hr. Miguel DgEsooto Brodcinann. We have repeatidlY emphasised the need for a newtiated solution to the Central lrmerican conflict. we have been corruitted to such an outcome since the begiming of the crisis, and we shall continue to hold to that comiment. Otherwise, Ceahtpal &merioa will be overtaken by viol.cnce and inst&ility, with serious consequences fa international peace and security. We have also pointed out that in any solution to the Central &et ican amfl ict the norm of internatimal bw must prevsil. we cannot aspire to the normlization of reletian alDung the Central &aerioan States if the most elementary principles of internatiaral coexistence are not fully canplied with. In Central Alllerica, amung other issues, what is at stake are the principles of non-interventian anU of the eelf-detecmination of peoples. Our cegicm’s histay has taught us a very clear lesecnt unless we @old the validity of those principles, out viability a8 indepencbnt ma swereign nations will be retbad to naught. We therefore onoa again place on record in this forum our unqualified opPmiticm to any violation of the sovereignty, in&pmaence and territorial integrity of any Stab. The events3 that have ~o+tec3 thin rseotiqg C$VO rmrlref? EC?: fi--*- ezt:::: *r 1-m,-- three basic reasons. The first ccncerns their implioatiorm for the lntarnstimal legal order, The fact that ane may disagree with the internal plltioal poems of any country, and, in particular, questim the legltimwy of its Government, cannot (Hr. Maya Palencia, Mexiw) in any circumstances justify the aibption of urilatetal measures to bring &out its over thrw. Ib accept the abption of 8uah wasures would be to disr8gard and negate the principles fat international order set. forth in the mitred Nation8 Charter. fnt8rnational law has already been fisgrantly violated in Central iberiw on previous OQC68 ions. lb&y, the Security Council io seised of Nicarsgua ‘8 capplaint with regard to the non-aomplianae with the judgaent Pen&red by the Interns&ma1 Court of Jlrptice on 27 J&me of this year. we are therefore dealing with the request of 8 Member state to 88cure the faithful and comlete implementatia, of Article 94 of the Chartar. mo could be opposed to this remeat, dasigred solely to ensure strict compliance with the provisiars of the United Nations Charter, to rtrich we have all subs~ihd? Article 94 is the corner-stone of tile international order established at San Francisco. In it, each Member State undertakes ta comply with decisions of the Court in any aase to whit& it 1s a party. At the 6alpB time, we have agreed that, if any party b a case fails to perform the &ligation8 incu&ent upon it under a judgment rendered by the Court, the other party may have reQ)urse to the Security counoil, tad& my, if it deems necessary, make recoaunendattfo~ 01: decide upon measures to be taken to give effect lx? the judwent. We can easily sa8 that bypassing Rrticle 94 is eantatwmt to denying the full administration of international justiw, to the detriment of all. Hence the irapnrtanw of the Security Counci1~6 granting of Nicaragua’s regU68tr not UW8ly as the unilateral request of a Btaie but also as an expcessim of the collective artcry of the test of the Ke*ere of the Otgmiaatian. m&Y, the security Council has a hisCoric opportunity to demonstrate, to use the words spoken by my country’s MnFster for External Relations a year ago% % willingress to ensure that the &wzurity Comcil carries out its reapnsibility effectively, achieves the ais! for whi& it was established and wercouma its victual paralysis reimlting from an &mive exeruise of the right of veto.. (A/4O/PV.46, p. 58) In 1964, we had oazaaiar ti express our regret that the other party tie the dispute had dieregarded the mthority of the highest internatimal legal body available to the international oorplpunity in cannectim with the minLng of the Nicaraguan harbours. Tha, ee naw, the verdict wa61 clear md cannot be disregarded. The eeomd teaam for my ODvernmnt’s aanmrn io that there can be no doubt that the authorisation - and now the actual pear ieion - of financial aeeietence to uxmter-revolutianary group seeking to averthat the Nicaraguan rdghe represmt an abstacle to efforts to king peace to the regiar. In Jenuery of thie year the abunfxies of the Cant&Iota Group and of the Support Group, including rq( am corntry, steted that are of the eeeential canditione far eetabliehing a clieate of trust Conducive to the conclue iasr of negetiati~e en the Ret on Peacn end Cooperation in Central &mice wee, precisely, the ceseation of arteide aid for the irregular for-a operating in the area. That appeal wae repeated to, inter alia, the hiNest-level diplonratic auUloritiee of the tmitad States. It hi evihnt that the regional pesoa agreement on which work has bsen proceeding cartinuouely for almaet four yeers demnde, epart frcm the politicel will of the five Cenual Rmer ican Governments, ams~uctive aontr ibutiare from corntries with tiea ind intereets in the regiar. That is true eepecially Of ComtcieS *id,, throu* their political and military weight, can influence the -.--- Aa w-c- CUULDO YL O.SI.LO. The third reason for disquiet arises out of the other two. Given the violation of international law and the mtpanement of a negotiated solution to tie crisis, it is clcvrr that there will be a build-up of the milibry presence in the (Mr. Maya Palencia, Mexiclo) of the spread of the conflict in the are8 will be heightened. In this connectim we must bear in mind that the revisedCarW%Xa Ret cn PCYIOB and Cwperatim in Central America, tiich was submitted to the Central American foreign minieters on 6 June, contains specific commitments designed to reject the ucm5 raceI to eliminate the foreign military presence , and to pr&ibit any action in violation Of international law, ou& 88 support for itregular foras. peace in Central berica, as a product of dialogue and not of tie use Of forae, is a shared responsibility. The political ~‘11 of the Central -erican Govarnments is valid cnly to the extent that it is encouraged and currpplemented by the con&ct of Governments with ties and interests in the region. The historic problem now facing Central America derives from the exkrerregional rejection of the political developnent to whidr the peoples of the region are clearly entitled. We have no heeiwtion in describing the NthffiZatiOn Of financial aid for the Nicaraguan cmantet-revolution a8 a historioal, political and legal error that could seriously damage ule relations between the United Stetes and Iatin AFPer ice. The 15sscn taught by the history of inter-American relaticne in the post-war period is clear in the minds of all. The negotiation of the particular natiakal features of the Latin Amerioan prooess, the automatic cold-war oonoepts &at tend to equate any natiacralist experiment with the antagonist bloc and the denial of ano ladt of raspct for the dignity of peoples - all those things do little to help to create the clixate of hemispheric co-operation our era so sorely neE!d5* (Mt. Uoya Palencia, Mexico) What is at otake, then, ie the viability of the international order established in the San Ptancisco Chatter. Fundamental values such a8 respect for the plurality of nations and the tight of all peoples ta decide their own fate ate ala0 in jcopatdy. As was pointed out by the President of Uexico, Miguel de la Madrid, in the General Aeaembly on 24 Septembetr -we tcannot] remain indifferent to situations that not only jeopatdize regional atability and out c-n future but also violate the dignity of the peoples of Latin America and harm out legitimate national interests”. (A/4l/PV.8, pa 18) Latin -tica demendo respect. The member countries of the Contadota Group and the Support Group have placed on record with complete clarity the essential conditions for peace in the region. We did so in the Cetaballeda Message on 12 January and we reiterated thie barely three weeke ago in our joint statement of 1 Gctobet. The Contadora A& contains elements that sooner or later will have to be taken into account in any negotiated settlemnt of the crisis. Ihe strength Of Cantadora and its Support Group liee not only in unity and the hetronioua combination of efforts, but also in its authentic representation of the values and principles which should sustain international relatione in the Alaerican continent. Letin America hae preeented an alternative to war. Latin kPerica deserves to be heard. If ite view6 and legitimate aepitatione are dieregarded the wnoequencee for inter-American uoexietence will be itreversible-

1 thank the tepreeentetive -P -..a- 0-e .I.- L4nA -rlr :u rAllaramA .A mm _ YL FIP#b.W L”. .,.O nr..r OIL”” ..w “-“.I”““- - --- The next epeaker ie the representative of Cuba. I invite him to take a place at the council table and to make a etstement. tie ORAMM OLIVA (Cuba) (interpretation from Spanieh) a Mr. President, we ehOuid iike t0 expteee out deepest gratitude to yosl for the efficient and (Mr. Oramae Oliva, Cuba) praiseworthy manner in which you have conducted the business of the Grcurity Council during this month of October. We cannot fail to refer at thie tine to one of the greatest figures to emerge from the liberation struggle in recant years , the late President Sawra Machel, who died barely two days ago. The name of Samora Hachel ie already written oh oeveral pages of the history of the peoples of the third world because of his indefatigable struggle during the emancipation saga against Portuguese colonialism and subsequently because of his resolute determination to fight for the elimination Of one of the most ignoble scourges known to history - apartheid. We are convinced that the people of Mozambique and its vanguard FREEIMO will draw strength from the imeasurable sorrow they feel today and inspiration from the example of Sawra Machel in order to carry forward the struggle to build a new fatherland and for the elimination of the shameful system of apartheid, uhich so gravely threatens the peace and security af the people6 of southern Africa. The Minister for Boreign Affairs of Nicaragua , Miguel d%scoto, yesterday made a telling statement manifesting yet again the profound desire of the people of Nicaragua to achieve peace and create conditions that will allow them to devote all their energies to the economic and social development to vhich they have a right. Nicaragua, a victim of aggreseion, comes to the Security Council to requeet that the Council fulfil its mandate to safeguard international peace and security and press the ~vernwnt of the United Statee to abicle by the deuieion of the International mutt of Justice an8 cease ita direct or indirect involvelrrent in the internal affair8 0e that country, We oome to the Security Council at the beheat of a brother government that has for yeare been suffering in a dirty war imposed upon it by the Waohlngton Adminietratlon. Several flimsy excuses have been concocted for that criminal (Mr. Oremas Oliva, Cuba) polky . It is said that Nicaragua exports weapons and , since last week, the United States laedfa have been spreading what is an open secret - namely, that the Central Intelligence Agency (CIA) and some officials in the Reagan Administration have been sending weapons to Nicaragua so that the conttae can continue to assassinate the sons of the Nicaraguan people , and that this has been going on for more than five yeare. One need only mention the scandal involving the mercenary Eugene Hasenfue, who was captured when the aircraft in which he waS flying crashed - an aircraft carrying weapons to the oontras in Nicaragua - to ahow the links between high officials in the Reagan Administration and persons committing criminal actions in Nicaragua. That same mercenary pointed out two so-called Cuban-Americans as those who had the job of supervising and monitoring those assistance flights for the Nicaraguan contra8 and identified them as Max Gomez and Damon Medina. Ma% Gomez is really the CIA agent Felix Rodriguez Mendegutia, whose relations with high officials of the Reagan Administration cannot now be denied becauee they have themselves been obliged to recognize this. Tke so-called Ramn Medina, according - to identificetion given by Eugene mSenfuS, ir, a terrorist, a mercenaryI an assassin and an agent of the CIA, also of Cuban origin , namd Luia Posada Carrilesr who claimed to be a friend of the current vice-President of the United States. Se is one of the self -confessed perpetrators of the criainal sabotage carried out in 1976 ag8inSt a Cuban Airlines aircraft, which caused the death of 73 people. The United State8 alleges that its policy towards Nicaragua is based on the fact that that Country is a threat to ite national security. Rather than disinformation or a lie, this aeeertion would seem to be a fantasy characteristic of a Walt Disney movie, if the act of aggression carried out by the CIA in Guatemala in 1954 to overthrow the constitutional Government of Jacobo Arbenz were not etibl fresh in the memory of the peopleo of Latin America. (Mr. OrarPas Oliva, Cuba) clr. augm’8 Gruunmie pc0m~ed the mit8d state8 congreee into approving a 8100 millicn appropriation b finenO the criminal activities of *e comter-revolutionary gangs locrsed by the Wted states fran neighbouting simdures a@trmt the le#tiRate ~vunmmt of Nicaragua. Can the Security Council gloss over such a mrmtrow violation of internatiarral law and of the very purposes of the Charter? It is hard to find such ehageleasnees in hbbry, unless it be in the bubaritiee of EitleZ. A permanent Relabet of the security Council is not cnly enc0uragfng aggreseicn and the forcible c~erthrow of the Guuernment of a stara &XI&XX of the mited Nations, with whi& it is not at war, but is openly using the auUmcity of the Stdte to finance aggreseim, cynically proclaiming ite aim to rid itself of the SWUnieta Government and to install in power the torturera, murderers and traitits it shamelersly dubs gp3triotsa an8 *freedom fighters.. Wlat elee tmla we expct frOie thOOe Who were aWO%plimB in 619 assassination of San&no ana who enthrared in Nicaragua tie bloody scmwa BYnaStY* United Stat06 galicy in Central America, and particularly in Nicaragua, puns courter to Artiule 1 (2) of the Charter, which states that one of the purposes Of the unitbd wattions ie .‘R, develop friendly relations among nations baaed cm respect for the principle of equal rights and self-determination of peoplea, and to take other appropriate umsures td &strengthen universal pace.. It is the for ale Council to call for the rule of reason and justice in t&t afflicted region of our America antl to conUlbute to the creation of conditions to ensure respwt fat the abligatione deriving from treaties an% other instrumento ofi inernational law. (Mr. Oramae Oliva, Cuba) w corntry support@ Nicaragua’s regueet that the ulited state8 abide by Article 94 of the Chatter, complying without delay or eubterfuqe with the decision handed &awn by the Intsrnatimal Court of Justice on 27 Jure 1986 that the UItted States should no lmger tie&t or supply logistical supper t OL any kind of weapnry to the aNntee-revolutionary bands which claim to be fighting foe freeduu, but are fighting for the free&m of the bayonet. What vo are defending here today is the right of our people8 bo decide on their OH) i%tuee, by and fat thoumelvee. That ie the case of Nicaragua, bmw3e the United Statis has blauntly and grossly demonstrated its wntempt for the ri#%t of the Nicaraguan people to choose the way8 and mean8 it deem8 tatst oppropriete to -CWe from the underdeveiopuent and oetraciam impaed on it by the Yankee matopdien and &a&es of somoss tpanv. It is time for the guns to fall silent and for peaceful dialogue, equel rights for all individuals and nations qrest and mall to prevail. It is time for the qenetations of Nicer mana who are suffering under the scourge of war to be ellaaed to enjoy the rights in vhich we all have an equal ahare:. the right to life, peacer develo&ment and aontiol of our am fab. It is time for the &vermnt of the ffni&d Stetes Co &ow in practice that it is prepared to respect the tatin American UOMtriee~ opposition to interference in the affairs of Nicaragua and of the regim, as expressed in the efforts of the Cmtadaa Group and the Support Grwp. The -tiers of the Gecurity Council and of the entire inbrnational ooprpunity have the abligatia, to wcrk together to avert the Vast in NiCaUigua and, hence, in PamerIt PIas 4u ah Lhr. -A a..* -AdI Y A0 PII. ,rr UHI ,” hm Ckr. Ckr --.--a ._“S a-. a- -..a- Y.B, vp-r-v%. ..a .sws-- Y’gwo-, ..-p W.-s I._ Gecurity Council will aibpt mea8ures to bring &cut caapliance with the decieion of the International Court of Juatioe, whidr would m&tubtedly man a halt tc all kindo of aeeiutculce from the Reagan Administration to the Bomoziet ccuntec-revolution in Nicaragua. The PREsIDmT (interpretation from ~r&ic)t I thank the representative of Cuba far his kind words addressed to me- The next speaker is the repesentative of Yugoslavia. I invite him to take a place at thecomcil table and to sake his Statemfit- Ht. PEJIC (Yugoslavia)t I should like first of all to express tr6 you, Mr. President, our highest appreciation of the manner in bich you are cmhcting the deliberations of the Gecurity Couneil during the raonth of etabet. The crisis in Central America has its roots in profound social cantcadictions and in the region98 history of exploitation, political and erxmomic inequality md dcminatian. Its mot cause8 lie in the legacy of the past and in the injustices of the present. Nicaragua has been exposed to pressure and threats for years. mflecting the recurring wavera of escalation of such pressure and threats, the issue has been before the Security Council a nutier of times. Last year the Gecurity Comcil adDpted a resolutim reaffirming the inalimable right of Nicaragua and other States of the region to decide their awn political and ecammic systems free from auteide interference, subversim, direct Ot indireat cuerciasr or threak~ of any kind. It called QI Statis to refrain from carrying out political, ecmacric a military actions of any kind against any State in the rfd@an whi& rni$xt Impede the gear, objective8 of the Contm%ssa Group. The attention of the Security Council is again focused im the same political, rpiliti~y and ecmomio pressute aimed at uR&tmining the independence and oavereignty of Nicaragua. The we a threat of u3e of face, and interference in internal affairs arntinue to burden the already difficult situatia, in Central Ameria. Thme are the central issues of each and every hotbed of crisis around the wotld. Attmpts to impose social, ecmmic and political mdels or the relatiWoh@ of bygone times invariably meet with determined resistance by the aUr. Pejic, YugQelavia) P-pie. Alttmu#~ tbwe ais tnfald in particular ragiOn8, they have a global ahuaclm. Ind8pndmw &nd 8rlfdetmrmin8tiw are of vihal iqmrbna for this Qgrri88tiw. Indepandulw ti relf-&t8rmination are th8 bmic pinciples of the Ilhit8d WItion Ch8rtW ad of the policy of nw-rlignmnt. Chly by abiding 8tiiCtly by thae pelnrciplu ulllitbo pouiblo to find a gnuine 8OllltiUI for the =i8i8 inCatlc8kk8KiW. It 18 in the li#t Of thW0 piflcipla that the &CiaitXl of the In&rn8tim81 Court of Jrwtiw of 27 J&no tbi8 y88r rhould be Ind~8tabd. In that non88 it is an irportintguichpo8t for the partfor involved. The Court qplled out the obligatiw of th8 putiw t0 8o*k 8 8olutiw by peawful uean8 in accocdenw with int8rn8tional l8w. Thmo i8 no way to di8me8 With the 888WB8mnt that the lcngar the crisis in Central &8riw 1-b the mare it thrwtam p8aar security and stability in the Wiw andthtou#mtthecsorld. It i8 ra8wrble to ClSh that it is indiqmm~le to pomd with-t d8l8y TV solve the cwflict pawfully and through nwtiatiwa. (Hr. Pejic, Yugoslavia) The Heads of State or Gwernment of nolralfgred courtria, at the H9h* Caferance, held in SepterPbec this year in Harare, zimbabve, unanimously reiterated their pusitiar concerning the situation in Central America. The Heads of State or Government awaled to all parties mncerned to facilitate the establishment of the atmcephere of autual trust necessary for achieving a just and durable settlement of the crisis in the region, based on a guarantee of the security of all States and reapP?ct foe their swereignty, national independence and self-determination. They, inter alia, weloomed and fully supPorted the diplomatic efforts of the Ccmtadora and Support Groups aimed at securing a negotiated solution to the Crisis in Central Pmerica. They reiterated their conviction that Ccmtadora representi an authentic regional initiative for solving the Central American problem by peaceful n~~nf~ and urged all the States concerned to increase their efforts in or&r to bring the peace process spearheaded by the Cemtadora Group to fruition. It is enWUKagin9 that the members of the Ccmtadoea and Support Groups expressed their readiness to shoulder their full responsibility and decided to embark an a series of consultations and political negotiations in order to initiate, with the assistance of the Central American Governments and the intetnatiOfla1 mnrmuntty, measures that would contribute effectively to the attainment of the goals of pe.3ce and ulity. Therefore, Contadora deserves full Sumcat, especially from the Security Ceuncil. It is our deepest conviction that dialogue and negoti.ations on an eWaL footin are the only way to a&jfeve just and lasting solutions to existing interrratirmal prrblenu. Central America 13 no exwptim to this ruJ.e. The PREsIUEWl (interpretation fros Arabic): I thank the repcescntative of ntgodavfa for the kind words he sddressed to me. I should like to inform meabers of the Council that I have -just received a lettor froar the representative of Argentina in tiich he requests to be invited to participsti in the discussim of the item an the Council% agenda. In aocordance with the usual pra(LctiQB, I pcapose, with the consent of the Comcil, to invite that reFe5entative to participate in the di5cuseiou without the right to vote, in accordance with the relevant prwisions of the Charter and rule 37 of the Council’s provisional rule5 of prooeare. There being no CbjeOtim, it is 80 c&d~. I invite the representative of Argentina to take a place at the Council table axd to make a s-tement. Mr. DELkW3i (Argentina) (interpretation from Spanish): Hr. Presi&nt, I should like to thank the Comcil for allowing u5 the opportmity of taking part in this debate and to avail myself of this opportunity to wish you aoce again every aucceas in canacting the business of the Corncil. In reomt years Argentina has had oocasim to express here and in 0th~ interhatianal bodies its deep concern at the crfsis in Central America and its very tragic oonseguefmm for the peoplee of that region. This concern ie ehared by the i&oh international cummity and is heightened in our c(RBe because of the historical, cultural and geographical ties that link us to the countries of Central AEietiea. We are convinced that respect for the Chartar of the united Nations and the r~olutions on this subject a&pted umnimously by the General Asselebly awl th@ Security Council, as Well as foe principles su& a5 th05so of nm-interference in ahe Lnternal affabs of other States, non-intervmtim, respect far the territorial integr ify of States, tie ncm-use ~4 force or the threat of! force, the pamful (Mr. Delpech, Argentina) settlement of disputesr respect for human rights and the fmdanentd freedom5 of all, is essential if there is a real desire to create conditions conducive to paace in the region. It is essential to aacept the role of the Internatiaral Court of Juetia in promoting the application of thase principles. The Court is the principal judicial organ of the Wited Nations and consequently of the organi5ed international canmmity. The lPain legal system5 of the world are represented therein and over the years sin00 it was set up it has rightly gained prestige because of the balance of its delibeta Cons and the aui ty of its judgments- In the specific case unQr conskkration, the Court has merely apiplied the principles e&odied in the Charter of the thitad Nations, rhich also appear in the dhxamants prepared by the Ccntadora Group. we feel that respect for inter national law in the canduct of relations ktween Sta tea is fmdamental. hence we urge that the decisiar of the International Court of Ju5tica of 27 June 1966 be implenranted. On 21 July this year, speaking on behalf of the oOUrtrie,S metieCs of the Cantadora Group and of the Support Group, the Permanent Representative of Venmuela had an opportunity to set out far the Council in maze dstail several elements of the Central American aieis and the legal factors involved. I say again that Argentina shares in every way the ccmcepte then set fYJt= We are Still persuaded that Conta&ra offers the only realistic, just means of securing a peaceful, negotiated settlement of Central America’s pralems and that the revised Act on Peace and Co-operation fn Central America omstitutee a set of camnitments that could bring peace to the region If tney Were aCcIIp&d O~MI earrke through in good fa it.h by all the parties involved, It is clear that the situation in Centfal America is wcosenlng daily and that the pssibility of mote widespread warfare, with unfoeeseeable consequences, (Mr. [)elpech, Argentina) XIpport Groups have appealed to the reason of all the courtties involved in a declaration of 1 October 1986 entitled, *Peaoe is still px3sihle in Central America*, i&id; has been distributed as Security Council Qcument s/18373. we hope that this apDea1 will he heard and that the countr ies wnoerned will take determined action to promote peace and ‘newtiation and to halt the escalation of tension that is leading to warfare. The PREsIDP24T (interpretation from Arabic); I thank the representative of Argentina for the kind words addressed to me. The foreign Minister of Nicaragua has asked to speak in emrcise of his right of reply. I therefore call on him. Mr. D’ESCDID BROCXMANtU (Nicaragua) (intzrpretation from Spanish): In the words of Mr. Walters we heard the most surrealistic apologia for cri~te, terrorism and illegality that has ever been uttered by a member of the Security Council. poor old Ilnited Sates; hatever became of the famous story of the cherry tree and its moral that one should never lie. The Reagan Administration oeetainly intends to bury it for ever. Apart from containing a series of lies , which has now become routine in united States Government statements, Mr. Walter’s words turn out also to be completely beside the point. Se is fully aware of thatr I do not believe he is an ignoramus l Se knows that Nicaragua has never alleged or insinuated that the jurisdiction of the International Oourt of Justice over the parties, in the complaint entered by Nicaragua, derives solely from the fact that both Nicaragua and the United States are Members of the united Nations. FIe knows that the Court laid down that it had jurisdiction and that each of the parties had freely and in exercise of its sovereignty accepted the jurisdiction of the Court. Mr. Walters knows that, under the Charter, if its jurisdiction is challenged it is the Court, and the Court alone, that ia to decide. There is no need to take up more of the points made by Wr. Walters. I cannot, should not and do not wish to honour the nonsensical utterances of the representative of the United States , which are born of desperation and agitation rather than reason, by commenting on them. Legally and morally the United States Government has not a leg to stand on in defending its policy against Nicaragua and its rejection of the Court’s judgment Of June of this year. Perhaps the United States feels that the Court is a kangaroo court. If not, then why, since the Court handed down its judgment four months ago, does the United States Government not respect that judgment and put an end to its . war of aggression against Nicaragua? If it did so, Nicaragua would have no reason to come back to this Council, which seems to be annoying the United States Government a great deal. We would not have to come back here to ask the Council to act in accordance with itt: suiotilri obligation under the Charter- But ff the United States does not follow that course, if it does not respect the judgment and continuee to violate Nicaragua’s rights, I regret tO tell (Mr. D’ Escoto Brockmann, Nicaragua) Mr. Walters that we are going to have to keep coming back to this Council whenever We feel it necessary. It is the United States Government, not Nicaragua, that is to blame for this situation. Wa find it really sad to see again the extent of the legal and moral bankruptcy of the United States. It is desperately trying Co d&end itself, but it cannot. And that is not through any lack of skills no party in that same situation could defend itself. e The PRESIDENT (interpretation from Arabic)8 These are no further speakers for this meting. The next meetin: of the security Council to continue co?rsideratfm of the item on its agenda will bs fixed in consultation with the members of the Council. The meeting rose at 5.45 p.m.