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 new 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. 2013/28
17 October 2013

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 new provisional measures

THE HAGUE, 17 October 2013. The public hearings on the request for the indication of
new provisional measures submitted by the Republic of Costa 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), (“the Costa Rica v. Nicaragua case”), were concluded today. The Court

will now begin its deliberation.

Two rounds of oral observations on the request were held from Monday 14 to Thursday
17 October 2013 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. Edgar Ugalde Álvarez, Ambassador of the Republic
of Costa Rica to the Organization of American States, as Agent. 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 on Costa Rica’s Request for the indication of new provisional measures
will be delivered at a public sitting, the date of which will be announced in due course.

Requests of the Parties

At the end of Costa Rica’s second round of oral observations on Wednesday
16 October 2013, Mr. Edgar Ugalde Álvarez requested, on behalf of his Government, that the
Court indicate the following provisional measures:

“(1) the immediate and unconditional suspension of any work by way of dredging or otherwise in
the disputed territory, and specifically the cessation of work of any kind on the two further
artificial caños in the disputed territory, as shown in the satellite images attached as
Attachment PM-8;

(2) that Nicaragua immediately withdraw any personnel, infrastructure (including lodging tents)
and equipment (including dredgers) introduced by it, or by any persons under its jurisdiction

or coming from its territory, from the disputed territory; - 2 -

(3) that Costa Rica be permitted to undertake remediation works in the disputed territory on the
two new artificial caños and the surrounding areas, to the extent necessary to prevent

irreparable prejudice being caused to the disputed territory; and

(4) that each Party shall immediately inform the Court as to its compliance with the above
provisional measures not later than one week of the issuance of the Order.”

At the end of Nicaragua’s second round of oral observations on Thursday 17 October 2013,
Mr. Carlos José Argüello Gómez summarized the position of his Government as follows:

“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 14 to 17 October 2013 are available on the
Court’s website (www.icj-cij.org).

*

It is recalled that, on 17 April 2013, the proceedings in the Costa Rica v. Nicaragua case and

in the case concerning the Nicaragua v. Costa Rica case were joined by the Court “in conformity
with the principle of the sound administration of justice and with the need for judicial economy”.

___________

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)