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Nicaraguan soldier on the border with Costa Rica
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The Hague, Netherlands
The Hague, Netherlands

Costa Rica, Nicaragua take border dispute to ICJ

Published on : 11 January 2011 - 10:50am | By Pablo Gámez (rnw.nl)
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Costa Rica and Nicaragua meet each other again before the International Court of Justice in The Hague on Tuesday. Managua is accused of ¨violating the national sovereignty¨ of San José. Managua, in turn, contends that Costa Rica’s allegations have no legal basis.

Hearings before the ICJ will examine Costa Rica’s demand of the withdrawal of Nicaraguan troops allegedly found in its territory. This border dispute has once again strained diplomatic ties between the neighbouring countries.

In the next three days, the judges of United Nation´s highest court will hear the arguments of both countries. Costa Rica and Nicaragua return to the Hague less than two years after the ICJ ruling on their historic dispute over the sovereignty of the San Juan River, which delimits a part of their common border.

San Juan River returns to centre stage in the current disagreement that began in October with the alleged invasion of the tiny river island of Portillos by a group of Nicaraguan soldiers. The sovereignty of Portillos, located in the Caribbean at the mouth of the river in a marshy area, is disputed by both countries.

San José requests that the court issues an injunction against Managua, ordering the withdrawal of the troops supposedly installed in its territory. Costa Rica also demands the suspension work allegedly executed for the construction of a canal in the area, saying it is causing environmental damage.

Nicaragua, meanwhile, denies carrying out such works. It also refuses to withdraw its troops, asserting that the soldiers are within the country’s territory, and that their presence is due to the increased crossing of drug dealers.

At the end of the hearings on Thursday, the Court will consider whether to impose preventive measures: an emergency action that in this case will force Nicaragua to withdraw the supposed troops, waiting for a trial which may take years to determine whether Costa Rican sovereignty was violated. This decision will take place in ¨a few weeks or months¨.

Nicaragua will also sue Costa Rica in the coming months before the ICJ for the damage caused to the San Juan River by the waste carried byCosta Rican rivers, as well as for the fact that one river in particular - the Colorado - takes 90% of the water from the border´s flow.

The hearings in The Hague will be held before the delegations of Costa Rica and Nicaragua gather together in Mexico on January 17th. Mexico and Guatemala have offered to mediate in the dispute.

Nicaragua reaffirms that it is open to dialogue directly and unconditionally with Costa Rica in Mexico, but Costa Rica asserts that it ¨will not talk in any way¨ with their neighbours while ¨military personnel continue to invade their territory¨.
 

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