Friedrich Nottebohm was born in Germany in 1881. He moved to Guatemala for business reasons in 1905 and lived there until 1943, except for business trips and visits to his brother in Liechtenstein. He remained a German citizen during that time. One month after Germany's invasion of Poland and the start of World War II in 1939, while visiting Liechtenstein, Nottebohm applied to become a naturalized citizen. Liechtenstein waived the three-year residency requirement. Nottebohm paid taxes and fees to Liechtenstein and filed the requisite forms, and Liechtenstein swore him in as a citizen and issued him a passport. Nottebohm returned to Guatemala in 1940. In 1943, Guatemala entered World War II, siding with the United States. Upon his return to Guatemala, Nottebohm was arrested as a German enemy and turned over to the United States for internment. His property was seized by Guatemala. Nottebohm was released in 1946, but his property was not returned. Liechtenstein filed a "memorial" for diplomatic protection of its citizen, as the complaint is called, before the International Court of Justice, claiming that Guatemala had violated international law by refusing to recognize Liechtenstein as his country of nationality. Liechtenstein claims that it is entitled to damages.
1. May individuals bring an action against a nation at the ICJ?
2. On what basis did Liechtenstein file this action?
3. Although a nation can determine its own criteria for citizenship, must that be recognized by other nations?
4. Do you feel that this judgment interfered with Liechtenstein's sovereignty? Why or why not?
5. Would this case be considered one of international public or private law?