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International Court of Justice decides this Thursday on the territorial dispute between Colombia and Nicaragua

July 13, 2023
6 Min Read

The International Court of Justice (ICJ) in The Hague will announce its long-awaited ruling on the protracted territorial dispute between Colombia and Nicaragua over the extent of their territorial waters in the Caribbean Sea. Over the years, legal arguments, differences in interpretation of international treaties, and historical claims have fueled the tension between these two countries.

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4 min

The International Court of Justice (ICJ) based in The Hague, has been the setting where Colombia and Nicaragua have sought a legal resolution to the controversy over the delimitation of maritime borders and the extension of the continental shelf beyond 200 miles. that both nations claim in the Caribbean Sea, in the territory that includes the vicinity of the islands of San Andrés and Providencia. This session is scheduled for 15:00 Dutch time and Judge Joan E. Donoghue will deliver the decision.

The next ruling of the ICJ will be a crucial moment in this long territorial dispute, which has corresponded to five Colombian governments. The decisions of the ICJ are binding, but their execution depends on the will of the States. The public hearings held in December were the last chance for both parties to present their legal arguments before the ICJ.

The case that will be resolved this Thursday is different from the decisions made in the past, including the decision made in April 2022. This time it is about the delimitation of the continental shelf of Nicaragua and the natural resources that are in the seabed.

President Gustavo Petro will receive the Hague ruling in San Andrés accompanied by the military leadership.


A struggle born of two emerging nations

The territorial dispute has its roots in colonial times, when Spain held sway over much of Latin America. After independence, the maritime borders and territorial limits remained as an inheritance and generated tensions between the nascent republics. However, it was in 1928 when a treaty was established, the Esguerra-Bárcenas Treatybetween Nicaragua and Colombia that established the maritime limits, recognizing Colombian sovereignty over the archipelago of San Andrés, Providencia and Santa Catalina.

Tourists enjoy the beach on the island of San Andres, Colombia, on November 30, 2012. Colombia said on Wednesday that it will stop recognizing the jurisdiction of the International Court of Justice (ICJ) in border disputes following a recent ruling that redrew its maritime border with Nicaragua. Colombian President Juan Manuel Santos said that the country's territorial and maritime limits should be established through treaties, and not through judgments handed down by the court in The Hague. The UN International Court of Justice recently granted Colombia sovereignty over a group of Caribbean islands, while granting a wide strip of maritime territory to Nicaragua, in a longstanding dispute between the two countries. The ICJ ruled that the maritime border between the two countries must be moved to the east, which means a territorial gain for Nicaragua.
Tourists enjoy the beach on the island of San Andres, Colombia, on November 30, 2012. Colombia said on Wednesday that it will stop recognizing the jurisdiction of the International Court of Justice (ICJ) in border disputes following a recent ruling that redrew its maritime border with Nicaragua. Colombian President Juan Manuel Santos said that the country’s territorial and maritime limits should be established through treaties, and not through judgments handed down by the court in The Hague. The UN International Court of Justice recently granted Colombia sovereignty over a group of Caribbean islands, while granting a wide strip of maritime territory to Nicaragua, in a longstanding dispute between the two countries. The ICJ ruled that the maritime border between the two countries must be moved to the east, which means a territorial gain for Nicaragua. AFP – EITAN ABRAMOVICH

The conflict took a new turn in 2001, when Nicaragua filed a lawsuit with the ICJ alleging that the 1928 treaty was invalid and that new maritime borders should be established extending beyond 200 nautical miles from the Nicaraguan coast. They argued that Nicaragua’s continental shelf overlapped with Colombia’s, giving them additional rights to marine resources.

In November 2012, the ICJ issued its ruling on the dispute. He recognized Colombia’s sovereignty over the archipelago of San Andrés, Providencia and Santa Catalina, but also granted a part of the maritime territory to Nicaragua. Colombia lost approximately 75,000 square kilometers of sea to its neighbor. This ruling generated mixed reactions in both countries, with Colombia partially rejecting the decision and Nicaragua seeking to assert its new territory.

Tensions and new demands

The dispute, far from being resolved, has generated continuous tensions between Colombia and Nicaragua. Bogotá has questioned the validity and applicability of the ICJ ruling, while Managua has sought to establish an “exact maritime border” beyond the limits established in 2012. Both countries have filed additional lawsuits, alleging violations of fishing and sovereignty rights. in the disputed area.

The recent Hague ruling supported Nicaragua’s claims in its lawsuit filed in 2013, in which Colombia was accused of violating its sovereign rights and maritime spaces in the Caribbean Sea.

In December 2022, the International Court of Justice issued its decision with a majority of nine votes to six, indicating that Colombia should immediately cease its conduct. The 2022 Hague ruling does not imply changes to the maps of both countries, unlike what happened in the ruling issued on November 19, 2012.

Handout picture released by the Colombian Presidency showing Colombia's President Ivan Duque (C) delivering a speech with the presence of ministers and other authorities, at the Colombian island of San Andres in the Caribbean Sea, off the coast of Nicaragua, on April 21, 2022 The United Nations' top court on April 21, 2022, ordered the Colombian navy to stop interfering in Nicaraguan waters, ruling on a longstanding legal battle over maritime borders. The International Court of Justice "finds that by interfering with fishing and marine research activities of Nicaraguan-flagged vessels ... in Nicaragua's exclusive economic zone ... Colombia's has violated Nicaragua's sovereign rights and jurisdiction," presiding judge Joan Donoghue said.
Handout picture released by the Colombian Presidency showing Colombia’s President Ivan Duque (C) delivering a speech with the presence of ministers and other authorities, at the Colombian island of San Andres in the Caribbean Sea, off the coast of Nicaragua, on April 21, 2022 The United Nations’ top court on April 21, 2022, ordered the Colombian navy to stop interfering in Nicaraguan waters, ruling on a longstanding legal battle over maritime borders. The International Court of Justice “finds that by interfering with fishing and marine research activities of Nicaraguan-flagged vessels … in Nicaragua’s exclusive economic zone … Colombia’s has violated Nicaragua’s sovereign rights and jurisdiction,” presiding judge Joan Donoghue said. © Colombian Presidency

Carlos José Argüello Gómez, Nicaragua’s representative before the ICJ, maintained that the continental shelves and maritime zones that overlap between States must be delimited in accordance with international law and accepted legal customs. On the other hand, the Colombian representative, Eduardo Valencia-Ospina, affirmed that Colombia’s position conforms to maritime law and has the support of the practice of the States and the opinions of the neighboring countries of the Caribbean Sea.

The conflict between Colombia and Nicaragua over maritime borders has had a negative impact on the region. The dispute has generated uncertainty and mistrust between the two countries, and has made cooperation on issues of mutual interest, such as security and development, difficult.

With information from EFE and local media



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