Aerial Herbicide Spraying (Ecuador v. Colombia) - The Court authorizes the submission of a Reply by Ecuador and a Rejoinder by Colombia and fixes time-limits for the filing of these pleadings

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. 2010/20
2 July 2010

Aerial Herbicide Spraying (Ecuador v. Colombia)

The Court directs Ecuador to submit a Reply and Colombia to submit a Rejoinder
and fixes time-limits for the filing of these pleadings

THE HAGUE, 2July2010. The International Court of Justice (ICJ), the principal judicial
organ of the United Nations, has directed the Re public of Ecuador to submit a Reply and the

Republic of Colombia to submit a Rejoinder.

By an Order dated 25June2010, the Cour t fixed 31January 2011 and 1December2011 as
the respective time-limits for the filing of these written pleadings.

The Court made its decision taking account of the agreement of the Parties and of the

circumstances of the case. The subsequent procedure has been reserved for further decision.

History of the proceedings

On 31March2008, Ecuador seised the Court 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 the 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: - 2 -

(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 and assess 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

(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, in its Applica tion, Article XXXI of
the American Treaty on Pacific Settlement of 30April1948 (officially known as the “Pact of
Bogotá”), 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”.

By an Order of 30 May 2008, the Court fixed 29 April 2009 as the time-limit for the filing of
a Memorial by Ecuador and 29 March 2010 as the time-limit for the filing of a Counter-Memorial

by Colombia. Those two pleadings were duly file d by the Parties within the time-limits thus
prescribed.

___________

The full texts of the Court’s Orders are available on the Court’s website. You are, however,
reminded that written pleadings remain confiden tial until the Court decides to make them

accessible to the public, generally at the opening of the oral proceedings.

___________

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 Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)