Nottebohm Case (Liechtenstein v. Guatemala): International Court of Justice
Nottebohm Case (Liechtenstein v. Guatemala)
Facts
Friedrich Nottebohm, born a German national in 1881, acquired citizenship from Liechtenstein in 1939. However, his ties to Liechtenstein were minimal. He had resided in Guatemala since 1905, conducting business and maintaining stronger connections there. After obtaining Liechtenstein citizenship, he returned to Guatemala, where his nationality was updated in official records. In 1941, the United States blacklisted Nottebohm and froze his assets due to his German origins. When war broke out between the United States and Germany, and subsequently between Guatemala and Germany, Nottebohm was arrested in Guatemala and deported to the United States as an enemy alien. Upon his release in 1946, Guatemala refused his re-entry application. Nottebohm relocated to Liechtenstein, but Guatemala confiscated his property there in 1949. Liechtenstein initiated proceedings against Guatemala at the International Court of Justice (ICJ), alleging violations of international law through Nottebohm’s arrest, detention, expulsion, denial of readmission, and seizure of property. Liechtenstein sought a declaration of Guatemala’s wrongdoing and compensation.
Judgment
The ICJ acknowledged the sovereign right of states to determine their own citizens, but emphasized the scrutiny of such processes in matters of diplomatic protection on the international level. The Court upheld the principle of effective nationality, requiring a genuine link between the individual and the state. As Nottebohm’s connection to Liechtenstein was deemed insufficient and his naturalization appeared motivated by wartime neutrality, the Court ruled that Liechtenstein lacked standing to bring a claim on his behalf against Guatemala.