Ecuador institutes proceedings against Colombia with regard to a dispute concerning the alleged aerial spraying by Colombia of toxic herbicides over Ecuadorian territory

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. 2008/5
1 April 2008

Ecuador institutes proceedings against Colombia with regard to a dispute
concerning the alleged aerial spraying by Colombia of
toxic herbicides over Ecuadorian territory

THE HAGUE, 1April 2008. In the late afternoon of 31March2008, Ecuador seised the
International Court of Justice (ICJ) of a dispute between itself and Colombia concerning the alleged
“aerial spraying [by Colombia] of toxic herbicides at locations near, at and across its border with
Ecuador”.

In its Application Ecuador states that “thspraying has already caused serious damage to
people, to crops, to animals, and to the natural environment on the Ecuadorian side of the frontier,
and poses a grave risk of further damage over time”. It further contends that it has made “repeated
and sustained efforts to negotiate an end to te fumigations” but that “these negotiations have
proved unsuccessful”.

Ecuador accordingly requests the Court “to adjudge and declare that:

(a) Colombia has violated its obligations under international law by causing or allowing the
deposit on the territory of Ecuador of toxic herbicides that have caused damage to human

health, property and the environment;

(b)Colombia shall indemnify Ecuador for any loss or damage caused by its internationally
unlawful acts, namely the use of herbicides, including by aerial dispersion, and in particular:

(i)death or injury to the health of any person or persons arising from the use of such

herbicides; and

(ii) any loss of or damage to the property or livelihood or human rights of such persons; and

(iii) environmental damage or the depletion of natural resources; and

(iv) the costs of monitoring to identify anassess future risks to public health, human rights
and the environment resulting from Colombia’s use of herbicides; and

(v) any other loss or damage; and - 2 -

(c) Colombiashall:

(i) respect the sovereignty and territorial integrity of Ecuador; and

(ii) forthwith, take all steps necessary to preven t, on any part of its territory, the use of any
toxic herbicides in such a way that they could be deposited onto the territory of Ecuador;

and

(iii) prohibit the use, by means of aerial dispersion, of such herbicides in Ecuador, or on or
near any part of its border with Ecuador.”

As a basis for the Court’s jurisdiction, Ecuador invokes ArticleXXXI of the American
Treaty on Pacific Settlement (officially known as the “Pact of Bogotá”) of 30 April 1948, to which
both States are parties. Ecuador also refers to Article32 of the 1988United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

In its Application, Ecuador reaffirms its opposition “to the export and consumption of illegal
narcotics” but stresses that the issues it presents to the Court “relat e exclusively to the methods and

locations of Colombia’s operations to eradicate illicit coca and poppy plantations ⎯ and the
harmful effects in Ecuador of such operations”.

___________

The full text of Ecuador’s Application instituting proceedings will be available shortly on the

Court’s website (www.icj-cij.org).

___________

Information Department:

Mrs. Laurence Blairon, Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Assistant Information Officer (+31 (0)70 302 2394)