2 février 2018

ACTU : The ICJ orders Nicaragua to withdraw its military camp from Costa Rican territory and to pay compensation to its neighbor

Catherine MAIA

On 2 February 2018, the International Court of Justice (ICJ) delivered an important sentence regarding the joined cases concerning “Maritime Delimitation Claim in the Caribbean and Pacific Ocean (Costa Rica v. Nicaragua)” and “Terrestrial Frontier in the North Area of Isla Portillos (Costa Rica v. Nicaragua)”, in which it established the delimitation of the maritime frontier between both countries and ordered Nicaragua to move out its military camp installed in the beach of Isla Portillos, in the territory of Costa Rica.

In its judgment, the Court ruled on the merits of two disputes submitted to it by Costa Rica against Nicaragua. The first case was presented by Costa Rica on 25 February 2014 and concerned the “establishment of single maritime boundaries between the two States in the Caribbean Sea and the Pacific Ocean, respectively, delimiting all the maritime areas appertaining to each of them, in accordance with the applicable rules and principles of international law”. The second case was brought before the Court on 16 January 2017 and concerned “the precise location of the land boundary separating the Los Portillos/Harbor Head Lagoon sandbar from Isla Portillos” and “the (…) establishment of a military camp by Nicaragua on the beach of Isla Portillos”. Costa Rica asked the ICJ to establish its maritime boundaries in the Pacific Ocean and the Caribbean Sea with Nicaragua, once and for all, in order to end repeated border disputes with its Central American neighbor, and to declare illegal the establishment by Nicaragua of a military post on the beach on Isla Calero.

In its judgment, which is final, without appeal and binding on the parties, the ICJ finds that the Nicaragua’s claim concerning sovereignty over the northern coast of Isla Portillos is admissible. The ICJ also finds that Costa Rica has sovereignty over the whole northern part of Isla Portillos. Consequently, Nicaragua established the military camp in Costa Rican territory, violating the country’s sovereignty and must move it out of the beach of Isla Portillos. In addition to setting the boundaries between the two States, the ICJ also concludes that Costa Rica is entitled to total compensation in the amount of US$236,032.16 for the environmental damage caused by the Nicaragua’s unlawful activities on its territory. This is the first time that the ICJ grants compensation for environmental harm. Payment must be made before 2 April 2018.

Source : ICJ

Aucun commentaire :

Enregistrer un commentaire