Latest HAGUE decision in ongoing maritime dispute favors Nicaragua – “Colombia Breached Nicaragua Rights” says ICJ.
The latest claims by both countries in the ongoing maritime dispute between Nicaragua and Colombia have been settled by the International Court of Justice in The Hague, Netherlands.
In brief, the United Nations highest court accepted the claim by Nicaragua that Colombia had breached Nicaragua’s rights in waters of the Caribbean Sea which included “Hindering Nicaraguan fishing vessels and granting fishing permits for Colombian and other boats”.
The court made its decision public last Thursday, (the 21st of April, 2022). Although the court rulings are legally binding, some of the comments made by the court have indicated that this latest decision may not be the last we will hear of the dispute. The court referenced that some of the points raised by Nicaragua to describe the detail of its territorial waters (after the 2012 judgment); “Did not conform to customary international law.”
Previous UCJ Decision
On November 19th, 2012, having reviewed the claims made by both countries in relation to the Caribbean Islands of San Andres, Providencia and Santa Catalina, the ICJ determined the maritime boundaries between Nicaragua and Colombia. Playing a big part in that decision was a sovereignty settlement or treaty going back to a 1928 that was signed by both countries.
However, the ICJ did exercise its jurisdiction over the maritime borders in some of the prime fishing areas of the Caribbean Sea. The 2012 ICJ decision included the award of tens of thousands of square kilometers to Nicaragua that had previously been under the control of Colombia. Obviously, Colombia was not happy with that decision.
Since that 2012 decision, there have been various motions and appeals, the most important being in 2016 when the ICJ declared that; “They were the competent authority to settle the maritime disputes between Colombia and Nicaragua”
Latest HAGUE Decision Favors Nicaragua
The “Cease and Desist” ruling that Colombia “must immediately stop their conduct” passed by a vote of 9-6. The court also decided that Colombia infringed Nicaragua’s fishing and marine scientific research activities by using “conservation measures” passed by a vote of 10-5.
The ICJ heard allegations from Nicaragua that the Colombian Navy had “dissuaded” Nicaraguan permitted vessels from fishing in the area while protecting vessels with Colombian permits, allegations that were denied by Colombia.
