Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua) - Request for the indication of provisional measures - The Court to deliver its Order on Tuesday 8 March 2011 a

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. 2011/5
23 February 2011

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

Request for the indication of provisional measures

The Court to deliver its Order on Tuesday 8 March 2011 at 3 p.m.

THE HAGUE, 23 February 2011. On Tuesday 8March2011, the International Court of
Justice (ICJ), the principal judicial organ of the United Nations, will deliver its Order on the request

for the indication of provisional measures submitted by Costa Rica in the case concerninCertain
Activities carried out by Nicaragua in the Border Area (Costa Rica v. Nicaragua).

A public sitting will take place at 3 p.m. at the Peace Palace in The Hague, during which the
President of the Court, Judge Hisashi Owada, will read the Court’s Order.

History of the proceedings

On 18November2010, Costa Rica instituted pr oceedings against 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. 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.

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)dumpsediment.

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 oral 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.”

*

NOTE TO THE PRESS AND PUBLIC

1. The public sitting will be held in the Great Hall of Justice of the Peace Palace. Mobile
telephones are permitted in the courtroom provided they are switched off. Any offending device
will be temporarily retained.

2. Media representatives are subject to an online accreditation procedure , details of
which can be found in the Media Advisory (2011/b) attached to this Press Release. The

accreditation procedure will close at midnight on Friday 4 March 2011.

3. Individual visitors (with the exception of members of the Diplomatic Corps) and groups
are subject to an online admission procedure. They are kindly requested to fill out the relevant
form on the Court’s website (click on “Attending a Hearing”). The admission procedure will
close at midnight on Friday 4 March 2011. - 3 -

4. At the end of the sitting, a Press Release, a summary of the Order and the full text of the

Order will be distributed. All of these documents will be made available at the same time on the
Court’s website.

___________

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)