EMBASSY OF COLOMBIA
The Hague -The Netherlands
The Hague, 2 September 2010.
Dear Sir,
1 refer to your letter dated10 June 2010 informing the Parties that the Court has
fixed 2 September 2010 as the time-limit for the filing ofwritten observations by the Parties
in the case concerning Territorial and Maritime Dispute (Nicaragua v. Colombia)
regarding the application of Honduras for permission to intervene.
Colombia notes that Honduras'sapplication is grounded on Article 62 of the Statute
ofthe Court and that Honduras also invokes Article 36, paragraph 1,ofthe Statute.
Colombia also notes that the intervention request presented by Honduras excludes
the territorial aspect of the dispute before the Court.
Colombia further notes that Honduras' intervention request is limited to areas
located north of the 15th parallel and west of the80th meridian that were delimited by the
1986 Treaty between Colombia and Honduras. In the present case, Nicaragua's claim
encompasses those areas. For its part, Colombia has drawn aline with an arrow to illustrate
its claim, to avoid encroaching potential areas in which third countries could have a legal
interest.
The Honduran application requests the Court to authorize it to intervene either as a
party to the main case in order to settle definitively the dispute over the delimitation line
between Honduras and Nicaragua fixed in the Court's 2007 Judgment and the tri-point on
the 1986 treaty line between Honduras and Colombia or, on a subsidiary basis, as a non
partyin order to protect its rights and to inform the Court of its interests of a legal nature
which may be affected by a decision in the case.
With respect to the request to be permitted to intervene as a non-party, Colombia
has no objection. Colombia has acknowledged that vis-à-vis Honduras it is bound by the
delimitation agreed in the 1986 Treaty between Colombia and Honduras. However, this is
not the case vis-à-vis Nicaragua and Colombia has consequently reserved its rights in this
area.
To His Excellency
Mr. Philippe Couvreur
Registrar
International Court of Justice
Groot Hertoginnelaan, 14. 2517 EG Den Haag. Tel: (+31 70) 361 45 45. Fax: (+31 70) 3614636
e-mail: [email protected] EMBASSY OF COLOMBIA
The Hague -The Netherlands
With respect to the Honduran request to be permitted to intervene as a party,
Colombia understands that this request raises issues relating to the Court's 2007
Judgment in the Nicaragua v. Honduras case to which Colombia was not a party.
Consequently, Colombia considers that this request falls to the Court to decide under
Article 62 of the Statute, taking into account whether the object and pm·poseof the
request relates to intervention under Article 62 in the main case between Nicaragua and
Colombia or to another dispute not directly at issue in the pending case.
With respect to certain points raised in Honduras's Application, Colombia
reserves its position and its right to address such pointsecessary at the appropriate
stage ofthe proceedings.
Please accept, Sir, the assurances of my highest consideration.
Agent of the Republic of Colomhia
Groot Hertoginnelaan, 14. 2517 EG Den Haag. Tel: (+31 70) 361 45 45. Fax: (+31 70) 3614636
e-mail: [email protected]
Written Observations of Colombia