Costa Rica institutes proceedings against Nicaragua and requests the Court to indicate 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. 2010/38
19 November 2010

Costa Rica institutes proceedings against Nicaragua and requests the Court
to indicate provisional measures

THE HAGUE, 19November2010. In the late afternoon of 18November2010, the
Republic of Costa Rica instituted proceedings against the Republic of Nicaragua with regard to an
alleged “incursion into, occupation of and use by Nicaragua’s Army of Costa Rican territory as
well as breaches of Nicaragua’s obligations towards Costa Rica” under a number of international
treaties and conventions.

In its Application, Costa Rica claims that

“[b]y sending contingents of its armed forces to Costa Rican territory and establishing
military camps therein, Nicaragua is not only acting in outright breach of the
established boundary regime between the two states, but also of the core founding

principles of the United Nations, namely the principle of territorial integrity and the
prohibition of the threat or use of fo rce against any State in accordance with
article 2 (4) of the Charter; also endorsed between the parties in Articles 1, 19 and 29
of the Charter of the Organization of American States.”

Costa Rica charges Nicaragua with having occupi ed, in two separate incidents, the territory
of Costa Rica in connection with the constructi on of a canal across Costa Rican territory from the
San Juan River to Laguna los Portillos (also know n as Harbor Head Lagoon), and certain related
works of dredging on the San Juan River.

Costa Rica states that the

“ongoing and planned dredging and the construction of the canal will seriously affect
the flow of water to the Colorado River of Costa Rica, and will cause further damage
to Costa Rican territory, including the wetlands and national wildlife protected areas
located in the region.”

The Applicant claims that Nicaragua rejected all calls for withdrawal of its armed forces
from the occupied territory and all means of negotia tion. Costa Rica states further that Nicaragua
intends not to comply with the Resolution of 12 November 2010 of the Permanent Council of the
Organisation of American States calling, in par ticular, for the withdrawal of Nicaraguan armed

forces from the border region, by requesting the avoidance of the presence of military or security
forces in the area where their existence might rou se tension, in order to create a favourable climate
for dialogue between the two nations. - 2 -

CRcccardingly

“requests the Court to adjudge and declare that Nicaragua is in breach of its
international obligations . . . as regards the incursion into and occupation of Costa
Rican territory, the serious damage inflicte d to its protected rainforests and wetlands,
and the damage intended to the Colorado River, wetlands and protected ecosystems, as

well as the dredging and canalization activities being carried out by Nicaragua on the
San Juan River. In particular the Court is requested to adjudge and declare that, by its
conduct, Nicaragua has breached:

(a) the territory of the Republic of Costa Rica, as agreed and delimited by the 1858
Treaty of Limits, the Cleveland Award and the first and second Alexander
Awards;

(b) the fundamental principles of territorial integrity and the prohibition of use of
force under the Charter of the United Nati ons and the Charter of the Organization
of American States;

(c) the obligation imposed upon Nicaragua by Article IX of the 1858 Treaty of Limits
not to use the San Juan River to carry out hostile acts;

(d) the obligation not to damage Costa Rican territory;

(e) the obligation not to artificially channel the San Juan River away from its natural
watercourse without the consent of Costa Rica;

(f) the obligation not to prohibit the navigation on the San Juan River by Costa Rican
nationals;

(g) the obligation not to dredge the San Juan River if this causes damage to Costa

Rican territory (including the Colorado River), in accordance with the 1888
Cleveland Award;

(h) the obligations under the Ramsar Convention on Wetlands;

(i) the obligation not to aggravate and extend the dispute by adopting measures
against Costa Rica, including the expansi on of the invaded and occupied Costa
Rican territory or by adopting any further measure or carrying out any further

actions that would infringe Costa Rica’s territorial integrity under international
law.”

The Court is also requested to determine th e reparation which must be made by Nicaragua,

in particular in relation to any measures of the kind referred in the paragraph above.

As the basis for the jurisdiction of the Court, the Applicant invokes Article 36, paragraph 1,
of the Statute of the Court by virtue of the opera tion of ArticleXXXI of the American Treaty on

Pacific Settlement of 30April1948 (“Pact of Bogotá”), as well as the declarations of acceptance
made by Costa Rica on 20 February 1973 and by Nicaragua on 24 September 1929 (modified on
23 October 2001), pursuant to Article 36, paragraph 2, of the Statute of the Court. - 3 -

Costa Rica, also on 18November2010, filed a Request for the indication of provisional

measures. The Request recalls that the “object of provisional measures pursuant to Article 41 of
the Court’s Statute is to preserve the respective rights of the parties pending the Court’s decision on
the merits”. It specifies that

“Costa Rica’s rights which are subject of the dispute and of this request for provisional
measures are its right to sovereignty, to te rritorial integrity and to non-interference
with its rights over the San Juan River, its lands, its environmentally protected areas,
as well as the integrity and flow of the Colorado River.”

Costa Rica also indicates in its Request that the protection of its rights is of real urgency. It
points out that

“Nicaraguan armed forces continue to be present on Isla Portillos in breach of

CostaRica’s sovereign rights. Nicaragua is continuing to damage the territory of
Costa Rica, posing a serious threat to its internationally protected wetlands and forests.
It also continues dredging activities on the Sa n Juan River, with the risk of further

damaging Costa Rican territory, including the Colorado River”.

Costa Rica further contends that “[t]he ongoing presence of Nicaraguan armed forces on Costa
Rica’s territory is contributing to a political situ ation of extreme hostility and tension”, and that

“[t]he threat of armed conflict will overshadow the proceedings before the Court”. It adds that
“Nicaragua cannot be permitted to continue to deviate the San Juan River through Costa Rica’s
territory in this manner, so as to impose on Costa Rica and the Court a fait accompli”. Costa Rica
concludes in its Request that

“[t]here is a real risk that without a grant of provisional measures, action prejudicial to
the rights of Costa Rica will continue and ma y significantly alter the factual situation
on the ground before the Court has the opportunity to render its final decision”.

CRcccardingly

“requests the Court as a matter of urgency to order the following provisional measures
so as to rectify the presently ongoing breach of Costa Rica’s territorial integrity and to

prevent further irreparable harm to Costa Rica’s territory, pending its determination
of this case on the merits:

(1) the immediate and unconditional withdr awal of all Nicaraguan troops from the

unlawfully invaded and occupied Costa Rican territories;

(2) the immediate cessation of the construction of a canal across Costa Rican territory;

(3) the immediate cessation of the felling of trees, removal of vegetation and soil
from Costa Rican territory, including its wetlands and forests;

(4) the immediate cessation of the dumping of sediment in Costa Rican territory; - 4 -

(5)the suspension of Nicaragua’s ongoi ng dredging programme, aimed at the

occupation, flooding and damage of Costa Rican territory, as well as at the serious
damage to and impairment of the navigation of the Colorado River, giving full
effect to the Cleveland Award and pending th e determination of the merits of this
dispute;

(6) that 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”.

___________

The full text of the Application and Request will be available shortly 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)