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STORY: ICJ / COLOMBIA VS NICARAGUA
TRT: 7:04
SOURCE: ICJ
RESTRICTIONS: NONE
LANGUAGE: ENGLISH / NATS
DATELINE: 21 APRIL 2022, THE HAGUE
1. Various shots, court room
2. SOUNDBITE (English) Judge Joan E. Donoghue, President of the Court:
“By ten votes to five, Finds that its jurisdiction, based on Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute regarding the alleged violations by the Republic of Colombia of the Republic of Nicaragua’s rights in the maritime zones which the Court declared in its 2012 Judgment to appertain to the Republic of Nicaragua, covers the claims based on those events referred to by the Republic of Nicaragua that occurred after 27 November 2013, the date on which the Pact of Bogotá ceased to be in force for the Republic of Colombia;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By ten votes to five, Finds that, by interfering with fishing and marine scientific research activities of Nicaraguan-flagged or Nicaraguan-licensed vessels and with the operations of Nicaraguan naval vessels in the Republic of Nicaragua’s exclusive economic zone and by purporting to enforce conservation measures in that zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By nine votes to six, Finds that, by authorizing fishing activities in the Republic of Nicaragua’s exclusive economic zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone; IN FAVOUR: President Donoghue; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Vice-President Gevorgian; Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By nine votes to six, Finds that the Republic of Colombia must immediately cease the conduct referred to in points (2) and (3) above; IN FAVOUR: President Donoghue; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Vice-President Gevorgian; Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By thirteen votes to two, Finds that the “integral contiguous zone” established by the Republic of Colombia by Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, is not in conformity with customary international law, as set out in paragraphs 170 to 187 [of the Judgment]; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judge Abraham; Judge ad hoc McRae;
By twelve votes to three, Finds that the Republic of Colombia must, by means of its own choosing, bring into conformity with customary international law the provisions of Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, in so far as they relate to maritime areas declared by the Court in its 2012 Judgment to appertain to the Republic of Nicaragua; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Bennouna, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judges Abraham, Yusuf; Judge ad hoc McRae;
By twelve votes to three, Finds that the Republic of Nicaragua’s straight baselines established by Decree No. 33-2013 of 19 August 2013, as amended by Decree No. 17-2018 of 10 October 2018, are not in conformity with customary international law; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; - 3 - AGAINST: Judges Bennouna, Xue; Judge ad hoc McRae;
By fourteen votes to one, Rejects all other submissions made by the Parties. IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judge ad hoc McRae.”
The International Court of Justice, the principal judicial organ of the United Nations, has today delivered its Judgment in the case concerning Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia).
Judge Joan E. Donoghue, President of the Court delivered the judgement in the Hague.
In its Judgment, which is final, without appeal and binding on the Parties, the Court:
By ten votes to five, Finds that its jurisdiction, based on Article XXXI of the Pact of Bogotá, to adjudicate upon the dispute regarding the alleged violations by the Republic of Colombia of the Republic of Nicaragua’s rights in the maritime zones which the Court declared in its 2012 Judgment to appertain to the Republic of Nicaragua, covers the claims based on those events referred to by the Republic of Nicaragua that occurred after 27 November 2013, the date on which the Pact of Bogotá ceased to be in force for the Republic of Colombia;
IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By ten votes to five, Finds that, by interfering with fishing and marine scientific research activities of Nicaraguan-flagged or Nicaraguan-licensed vessels and with the operations of Nicaraguan naval vessels in the Republic of Nicaragua’s exclusive economic zone and by purporting to enforce conservation measures in that zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By nine votes to six, Finds that, by authorizing fishing activities in the Republic of Nicaragua’s exclusive economic zone, the Republic of Colombia has violated the Republic of Nicaragua’s sovereign rights and jurisdiction in this maritime zone; IN FAVOUR: President Donoghue; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Vice-President Gevorgian; Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By nine votes to six, Finds that the Republic of Colombia must immediately cease the conduct referred to in points (2) and (3) above; IN FAVOUR: President Donoghue; Judges Tomka, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa; Judge ad hoc Daudet; AGAINST: Vice-President Gevorgian; Judges Abraham, Bennouna, Yusuf, Nolte; Judge ad hoc McRae;
By thirteen votes to two, Finds that the “integral contiguous zone” established by the Republic of Colombia by Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, is not in conformity with customary international law, as set out in paragraphs 170 to 187 [of the Judgment]; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judge Abraham; Judge ad hoc McRae;
By twelve votes to three, Finds that the Republic of Colombia must, by means of its own choosing, bring into conformity with customary international law the provisions of Presidential Decree 1946 of 9 September 2013, as amended by Decree 1119 of 17 June 2014, in so far as they relate to maritime areas declared by the Court in its 2012 Judgment to appertain to the Republic of Nicaragua; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Bennouna, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judges Abraham, Yusuf; Judge ad hoc McRae;
By twelve votes to three, Finds that the Republic of Nicaragua’s straight baselines established by Decree No. 33-2013 of 19 August 2013, as amended by Decree No. 17-2018 of 10 October 2018, are not in conformity with customary international law; IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Yusuf, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; - 3 - AGAINST: Judges Bennouna, Xue; Judge ad hoc McRae;
By fourteen votes to one, Rejects all other submissions made by the Parties. IN FAVOUR: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Sebutinde, Bhandari, Robinson, Salam, Iwasawa, Nolte; Judge ad hoc Daudet; AGAINST: Judge ad hoc McRae.”
*Vice-President GEVORGIAN appends a declaration to the Judgment of the Court; Judges ROBINSON, TOMKA and YUSUF append separate opinions to the Judgment of the Court; Judges BENNOUNA and IWASAWA append a declaration to the Judgement of the Court; Judge XUE appends a declaration to the Judgment of the Court; Judges NOLTE and ABRAHAM append a dissenting opinion to the Judgment of the Court; Judge ad hoc MCRAE appends a dissenting opinion to the Judgment of the Court.
