Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) - Conclusion of the public hearings on Costa Rica's Request for the indication of provisional measures

INTERNATIONAL COURT OF JUSTICE

Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2011/1
13 January 2011

Certain Activities carried out by Nicaragua in the Border Area
(Costa Rica v. Nicaragua)

Conclusion of the public hearings on Costa Rica’s Request for

the indication of provisional measures

THE HAGUE, 13January2011. The public hearings on the request for the indication of

provisional measures submitted by the Republic of Cost a Rica to the International Court of Justice
(ICJ) in the case concerning Certain Activities carried out by Nicaragua in the Border Area
(Costa Rica v. Nicaragua) were concluded today. The Court will now begin its deliberation.

On 18November2010, Costa Rica instituted pr oceedings against Nicaragua with regard to
an “incursion into, occupation of and use by Nicar agua’s Army of Costa Rican territory as well as

breaches of Nicaragua’s obligations towards Cost a Rica” under a number of international treaties
and conventions. Costa Rica, also on 18 November 2010, filed a Request for the indication of
provisional measures (see Press Release No. 2010/38).

Two rounds of oral observations on the request were held from Tuesday 11 to Thursday

13January 2011 at the Peace Palace in The Hague, seat of the Court. During the hearings, the
delegation of Costa Rica was led by H.E. Mr. E dgar Ugalde Álvarez, Ambassador of the Republic
of Costa Rica to the Republic of Colombia, as Ag ent. The delegation of Nicaragua was led by
H.E. Mr. Carlos José Argüello Gómez, Ambassador of the Republic of Nicaragua to the Kingdom
of the Netherlands, as Agent and Counsel.

The Court’s decision will be delivered at a public sitting, the date of which will be
announced in due course.

Submissions of the Parties

At the end of Costa Rica’s second round of oral observations on Wednesday
12 January 2011, Mr. Edgar Ugalde Álvarez set out Costa Rica’s request for provisional measures
as follows:

“Costa Rica requests the Court to order the following provisional measures:

A. Pending the determination of this case on the merits, Nicaragua shall not, in the
area comprising the entirety of Isla Portillos, that is to say, across the right bank of - 2 -

the San Juan River and between the banks of the Laguna Los Portillos (also known
as Harbor Head Lagoon) and the Taura River (‘the relevant area’):

(1) station any of its troops or other personnel;

(2) engage in the construction or enlargement of a canal;

(3) fell trees or remove vegetation or soil;

(4) dumspediment.

B. Pending the determination of this case on the merits, Nicaragua shall suspend its
ongoing dredging programme in the River San Juan adjacent to the relevant area.

C. Pending the determination of this case on the merits, Nicaragua shall refrain from

any other action which might prejudice the rights of Costa Rica, or which may
aggravate or extend the dispute before the Court.”

At the end of Nicaragua’s second round of or al observations on Thursday 13 January 2011,

Mr. Carlos José Argüello Gómez summarized the position of his Government as follows:

“In accordance with Article60 of the Rules of the Court and having regard to
the Request for the indication of provisional measures of the Republic of Costa Rica

and its oral pleadings, the Republic of Nicaragua respectfully submits that,

For the reasons explained during these hearings and any other reasons the Court
might deem appropriate, the Republic of Nicaragua asks the Court to dismiss the

request for provisional measures filed by the Republic of Costa Rica.”

The verbatim records of the hearings held from 11 to 13 January 2011 are available on the
Court’s website (www.icj-cij.org).

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)

Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396)