Nicaragua claims against Costa Rica rejected by ICJ

The International Court of Justice (ICJ) has rejected an application filed by Nicaragua in relation to its boundary dispute with Costa Rica, declaring the four counter-claims over Isla Calero, the small border territory between the neighbours, as inadmissible. Uniquely, the ICJ has also considered it appropriate to join two separate proceedings between the neighbours, at the request of Nicaragua, as to allow a single set of hearings and the delivery of a single judgement. 

In its reasoning for the joinder, the ICJ says that both cases, 'Certain Activities carried out by Nicaragua in the Border Area' and 'Construction of a Road in Costa Rica along the San Juan River', concern the same parties, a common border, activities in the San Juan River, the surrounding environmental implications and the same disputed treaty.

These counter-claims were dismissed unanimously by the ICJ on 1 May 2013. The first of these, relating to environmental damage, was declared “without object”. The second and third claims, in which Nicaragua requested greater sovereignty and free navigation rights, were ruled inadmissible. Finally, the fourth claim, alleging that Costa Rica did not implement the provisional measures set out by the ICJ on 8 March 2011, was deemed not necessary to entertain, as it will be further examined in the upcoming proceedings.

The first proceedings were instituted by Costa Rica against Nicaragua in 2010, over the alleged occupation of Costa Rican territory in relation to dredging of the San Juan River by Nicaragua. They argue that this activity violated their territorial rights, as spelled out in the 1858 Cañas-Jerez Treaty and the 1888 Cleveland Award, which awarded ownership of the River to Nicaragua, although commercial navigation rights were afforded to Costa Rica.

The second proceedings were instituted by Nicaragua against Costa Rica in December of the following year, citing “major environmental damages” in its territory resulting from major works, namely the construction of a road on the Costa Rican side of the border. Then, on 6 August 2012, Nicaragua filed four counter-claims in the first case, which were raised objectionably by Costa Rica to the ICJ, as well as Managua's request that the two cases be joined.

Google Maps changes Costa Rica-Nicaragua border depiction

Google Maps' depiction of the border region in October 2010

Google Maps' depiction in April 2011

Google Maps has changed its portrayal of the controversial Costa Rica-Nicaragua border, giving Isla Calero back to Costa Rica.

In autumn 2010, Google Maps found itself at the centre of a border dispute, when its maps were highlighted by Nicaraguan politician and former military leader Eden Pastora as proof that his troops did not invade Costa Rica by occupying Isla Calero.

While the problem of a state relying on a private company like Google to supply information of its territorial claims were clear to see, the dispute took off over other, related issues of ownership in the region, and Costa Rica eventually took Nicaragua to the International Court of Justice (ICJ) in the Hague.

The ICJ made its preliminary ruling on 8th March, when it ordered both countries to withdraw all troops and personnel from the disputed area. The exception to this is that Costa Rican civilians are allowed in the area for the purpose of environmental protection. The ICJ ruled that Costa Rica should consult with the Secretariat of the Ramsar Convention, which governs wetlands, and inform Nicaragua prior to taking action.

The Nicaraguan government complained on Sunday 3rd April that Costa Rica had violated this part of the ruling, and said it would file a complaint with the ICJ on Monday. Nicaraguan Foreign Ministry official Cesar Vega said that in March, Costa Rican civilian staff had entered the conflict zone accompanied by Ramsar Convention representatives to verify environmental damage caused by Nicaragua along the San Juan River.

While seemingly in line with the ICJ ruling, Nicaragua considered this a violation of the decision because they were not informed prior to the visit and have yet to receive an official Ramsar report describing the inspection.

While it is true that the infraction by Costa Rica seems minor, communication between the two sides is crucial in maintaining decent relations. Costa Rica has accused Nicaragua of acting in 'bad faith' over the incident, but the same could certainly be said of Costa Rica. The ICJ ruling was clear on the issue, and it is up to both sides to uphold the ruling in every way.

Sources: Xinhua, UPI, Inside Costa Rica

For more information, please see the Menas Borders website, here.

Costa Rica deploys border police force

New Costa Rican border police force Source: Tico Times

Army-less Costa Rica has garnered substantial international sympathy throughout the course of its dispute with Nicaragua. But it looks like the Central American country isn't willing to play the victim much longer, as it has activated its first border police unit as of Wednesday 30 March.

Costa Rica's President Laura Chinchilla and Public Security Minister José María Tijerino attended a ceremony inaugurating the new police unit in the rural community of Los Chiles in Costa Rica's Northern Zone, just a few kilometres from the Nicaragua border.

Chinchilla said that the 153 men will be tasked with ensuring "Costa Rica's flag will never be lowered by foreign troops", a reference to the dispute over Isla Calero where the Nicaraguans allegedly raised their flag.

Tijerino said at the ceremony that the border police would be there to fight the “trafficking of drugs, people, currency and weapons, as well as providing for the protection of national sovereignty.”

“Costa Rica doesn't need an army. Costa Rica has not denounced its pacifist approach. Costa Rica doesn't envy its neighbors. And Costa Rica is satisfied with protecting its borders, having a police force that identifies with its people and is willing to guarantee the peace and tranquility of its residents,” Tijerino said.

The unit will be present at both the Nicaragua and Panama borders. A second police unit is also being trained and will be deployed in coming months.

Costa Rica and Nicaragua have been in dispute since October 2010, when Costa Rica accused Nicaragua of occupying its territory and working to divert the San Juan River in order to increase their territory.

The dispute is currently at the International Court of Justice in The Hague. A preliminary ruling on 8th March saw both sides ordered to keep troops and police away from the disputed area.

Sources: Tico Times, Inside Costa Rica

For more information, please see the Menas Borders website, here.