Nottebohm Case (Liechtenstein

v. Guatemala)
International Court of Justice
1955 I.C.J. 4

Facts
Nottebohm was born a German national in 1881. He received citizenship through
naturalization from Liechtenstein (plaintiff) in 1939. Prior to this date, in 1905,
Nottebohm lived and performed substantial business dealings in Guatemala
(defendant), and returned frequently to Germany to visit family. Once Nottebohm
received his citizenship from Liechtenstein, he returned to Guatemala and Guatemalan
authorities updated his nationality in the Register of Aliens. On July 17, 1941, the United
States blacklisted Nottebohm and froze all his assets which were located in the United
States. War broke out between the United States and Germany, and between Guatemala
and Germany, on December 11, 1941. Nottebohm was arrested in Guatemala in 1943 and
deported to the United States, where he was held until 1946 as an enemy alien. Once
released, Nottebohm applied for readmission to Guatemala, but his application was
refused. Nottebohm moved his residence to Liechtenstein (where he was a citizen), but
Guatemala had already taken steps to confiscate Nottebohms property in Liechtenstein.
Guatemala succeeded in 1949. Liechtenstein instituted legal proceedings against
Guatemala in the International Court of Justice (ICJ), requesting the court declare
Guatemala had violated international law in arresting, detaining, expelling and refusing
to readmit Mr. Nottebohm and in seizing and retaining his property. Additionally,
Liechtenstein requested the ICJ to order Guatemala to pay compensation as reparation.
Guatemala defended by contesting Nottebohms Liechtenstein nationality.