Colombia faces the International Court of Justice two lawsuits filed by Nicaragua.
The first has to do with what is called the extended continental shelf (so that it reaches up to about 200 miles from Cartagena) and the other is related to the alleged violation, by Colombia, of the rights of this was born in the Caribbean.
(What is Nicaragua’s lawsuit against Colombia in The Hague?)
And it is precisely on the second that on September 20 the public hearings in the Court begin. While in principle the lawsuit was raised as Colombia’s alleged breach of the November 2012 failure which granted maritime space to Central American country, now the complaint refers to the possible violation of Nicaragua’s rights by Colombia.
This is a lawsuit filed by Central Americans in November 2013, and the change in terms occurred after a failure of preliminary objections by the same court, which accepted the Colombian approach in the sense that the Court has no competence to verify compliance with its decision, but it is the UN Security Council.
Now, Nicaragua is basically denouncing it with two central arguments. The first is that Colombia is affecting its rights by creating one integral contiguous area (Up to 24 miles) from the Colombian Islands to the archipelago of San Andres and Providencia. They say Colombia cannot argue that the islands have integral contiguous zone, because that zone is put in the waters that the Court gave to Nicaragua.
(What comes for Colombia in the Court of The Hague before demand of Nicaragua)
In Serrana live 12 sailors who perform daily military exercises at more than 30 degrees.
And our defense argues that all islands are entitled to one contiguous area and that it is geography that makes this area integral, insofar as they are less than 48 miles from each other.
And the other central aspect of the lawsuit has to do with Colombia, they say, violating the rights to Nicaragua because it is interrupting the fishing tasks of Nicaraguans.
(‘We have strong arguments to fight Nicaragua’s claim’)
At this point it is key to note that in light of maritime law, ships of one nation may sail without permission up to 12 miles from another country. This is what is called freedom of navigation. And, as such, Colombian ships can sail and advance some activities such as the fight against crime and drug trafficking.
The latter is part of international treaties that our country has signed. In addition, I was able to do environmental control and predatory fishing, which is one of the ongoing complaints about Nicaraguan practices.
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In this regard, the plaintiffs argue that when the Navy asks any fisherman in that country not to do predatory fishing or when a plane flies over them to see if they are not carrying drugs, their rights are being violated.
Nicaragua wields that there was 13 incidents of this type prior to the date of the lawsuit (November 2013) and 36 thereafter.
“Colombia has international obligations to fulfill and it is doing so,” said Carlos Gustavo Arrieta, a Colombian agent.
In this particular case, what is happening in the Caribbean is talking about rights that arise from international law, which Colombia has independent of the 2012 decision. In other words, we have the right to the contiguous zone and to make a presence in the area, without invading the 12 miles of territorial sea to which Nicaragua has exclusive use.
How will the procedure be
The process begins on September 20, when Nicaragua intervened orally to raise its demands. It is believed that it will focus on saying that Colombia is in breach of the 2012 ruling, that the decision has not been complied with and that their rights are being violated. Colombia will only listen.
On Wednesday 22, Colombian lawyers will intervene and respond to the accusations. They will be led by six international experts hired.
Nicaragua answers what Colombia says on Friday and later there will be a new intervention by the country’s lawyers.
After this process follow the 2 counterclaims of Colombia and again the process is repeated, it is clear that this time the first turn will be for our lawyers, to be the plaintiffs.
Normally, the Court is taken between six months and one year after the oral hearings to decide.
And while the 2012 decision is not part of the process, Colombia will insist it cannot be complied with, because borders are not defined by a failure, but must be agreed through a treaty between the parties.
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What can happen
While Colombian agents have kept total secrecy on the issue and are very optimistic about the results, as well as it is possible that the lawsuit will be won in The Hague, it is also likely that some minor issues will be adjusted by the Court.
This can mean that the contiguous area of the country is fine, although it may require adjustments to be made.
Also, you might decide that the ships of the National Navy yes they can navigate in the area that the Court granted to him to Nicaragua, but that must be careful with the handling of the actions, or environmental or of prohibition of the drug trafficking.
What is clear is that the decision will be about demand, so it is estimated that there will be no decisions on boundaries or changes in the 2012 decision.
counterclaim
At these oral hearings, Nicaraguans will have to answer for Colombian counterclaims. Colombia says Nicaragua violates the historical fishing rights of the raizales. The other is related to a decree of Nicaragua in which it establishes his territorial sea. Colombia considers with this decree is violating the international law, As it appropriates maritime spaces to which it is not entitled. In other words, they ran the fence.
JORGE ENRIQUE MELÉNDEZ
Policy Sub-Editor