Tuesday, June 27, 2017

Brief Opinion and Analysis on the ICJ Case: "Land Boundary in the Northern Part of Isla Portillos (Costa Rica v. Nicaragua) "

Before reading, know this:
Also known as the Isla Calero, is an island under Costa Rican sovereignty. During the year 2010, an area in Isla Portillo's, specifically the northern part, was disputed as Nicaragua had shown occupation of the area by sending its troops towards the location.

Map of Isla Portillos
(Image src: https://en.wikipedia.org/wiki/Isla_Calero)

Subject of the Dispute:
The dispute mainly "concerns the precise location of the land boundary separating the Los Portillos/Harbor Head Lagoon sandbar from Isla Portillos." In Costa Rica's application to the ICJ, the state mentioned that the "illegal establishment of a military camp by Nicaragua on the beach of Isla Portillos, a territory belonging to Costa Rica" is a pertinent issue that the country wishes to be dealt with through the International Court of Justice. Costa Rica mentions that "Isla Portillos, [is] a territory belonging to Costa Rica, [which was] confirmed by the Court in its Judgment of 16 December 2015".

Costa Rica's Claim
  • Costa Rica still has complete sovereignty over Isla Portillos as the ICJ in a previous case had granted Costa Rica control over the "disputed territory"
  •  Nicaragua had moved its military camp on three separate occasions to three different locations

Nicaragua's Claim
  • Nicaragua did not deny the different locations of the military encampments 
  • Costa Rica had protested that Nicaragua had established their military camp on Costa Rican soil, Nicaragua chose to not move the camp.
  • Nicaragua now states that “the entire stretch of coast abutting the Caribbean Sea between Harbor Head and the river’s mouth” under their sovereign control.

The International Court of Justice
(Image src: https://buzzkenya.com/kenya-somalia-international-court/)

OPINION: What the Court's Ruling Should Be
The ICJ clearly has jurisdiction over the case and therefore is able to produce a decision to resolve the dispute. I personally believe that the ICJ shall state that the Nicaragua had violated Costa Rica's sovereignty by unjustifiably establishing their military camp on Costa Rican soil. The ICJ shall demand that Nicaragua immediately removes its military encampment as it has violated international law. I am in support of the decisions the state of Costa Rica requests to the ICJ and I believe it shall produce the same decisions the Costa Rica has requested.

*I received most of the information for this post using Costa Rica's application to the ICJ

Remember, I am still learning and if my opinion, analysis, arguments, or anything at all could be improved in any way let me know! Also, keep in mind that  I am just providing my own opinion and would be happy to have feedback and opinions from you as well.  

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