At this time, in the International Court of Justice in The Hague, Nicaragua has two lawsuits against our country. The first is for the extended continental shelf and the other has to do with the alleged violation, by Colombia, of the rights of this nation in the Caribbean.
And it is precisely on the second that this September 20 the public hearings in the Court begin.
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But specifically what it raises Nicaragua: That Colombia is violating its rights.
Although initially the demand had to do with Colombia’s alleged non-compliance with the 2012 Court decision granting it maritime space in the Caribbean to Central American country, the matter changed after a failure of preliminary exceptions.
In other words, the matter is no longer about compliance or non-compliance. It is whether Colombia has violated the rights of Nicaragua or not.
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Initially the argument of the Nicaraguans was that Colombia is present in the border area with its Navy, and this poses a threat to the use of force.
But this was already resolved in a failure of preliminary exceptions. The Court accepted that the situation was peaceful and dismissed this first claim. Of course that it is not ruled out that Nicaragua will insist.
The plaintiffs argue that when the National Navy – which is in the area in control of drug trafficking and to prevent predation of the environment – asked a fisherman in this Central American country not to fish predatory or when a plane flew over them to see if they were loading cargo their rights were violated.
In this regard, Nicaragua argues that there were 13 such incidents prior to the date of the lawsuit (November 2013) and 36 subsequent to the lawsuit.
Colombia says the facts they did not occur and that if they were given, they were not presented as Nicaragua says, because of the evidence presented by the Navy.
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other topics
Other issues in the lawsuit have to do with the contiguous area (Up to 24 miles) from the Colombian Islands to the archipelago. They say that Colombia cannot argue that the islands have an integral contiguous zone, because that zone is put in the waters that the Court gave to Nicaragua
Colombia notes that all islands are entitled to an adjoining area and is geography which causes there to be completeness of this area, to the extent that they are less than 48 miles apart.
Another issue has to do with the plaintiffs’ consideration in the sense that Colombia cannot continue to grant fishing permits. However, Nicaragua has not proven that any of these permits violated its rights.
On the island of Serrana, in the Caribbean, 12 Colombian sailors live together.
counterclaim
But in these oral hearings not only will the claims of Nicaraguans be seen, but for the first time this country will have to answer for the Colombian counterclaim.
Colombia says Nicaragua violates the rights of the roots in their traditional fishing banks, as they are often not allowed to pass and even their fishing is withheld from them.
The other is related to a decree of Nicaragua that established the lines and points of base from which it establishes his territorial sea. Colombia considers that international law is being violated, for it appropriates maritime spaces to which it has no right.
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