A Note On The ICJ Judgement In NICARAGUA v COLOMBIA and its relevance to International Crime and Criminal Law

January 4, 2013

By Dr Olga Martin-Ortega, Reader in Public International Law, Greenwich University

Seen on another blog, an interesting comment by Professor Steven Haines on the potential impacts of a recent Judgement of the International Court of Justice, The Hague.

In November 2012, the ICJ released its decision on the Territorial and Maritime Dispute between Nicaragua and Colombia. Right after the decision was made public, Haines notes, comments suggested that the ICJ might have negative consequences on crime combating in the Caribbean. His article thus offers an extensive summary of the facts and proceeds, but it also goes on to an interesting debate on how a ruling on territorial and maritime soverignty may in practice relate to international criminal law.

Here is an abstract, the full article is available here

“It must be said that on first reflecting on this case, it appears to have no substantial relevance to international criminal law at all. As already explained, it was to do with rival maritime claims that, while producing tension, had not previously resulted in the parties to the dispute resorting to force [...] We can also reasonably rule out the possibility of this case having any relevance to ICC-based international criminal law. If, however, we adopt a broader definition of what constitutes ‘international crime’ there is at least a suggestion that the Judgement has consequences. A broader definition arguably includes all serious crimes having a significant international dimension. Given the international nature of the oceans, crimes committed at sea will almost invariably have potentially significant international dimensions. One group of crimes with profound international consequences is to do with the manufacture, sale and trafficking of illicit narcotics”.

Dr Olga Martin-Ortega is a Reader in Public International Law at the
University of Greenwich (United Kingdom) and conducts research in the areas of business and human rights, post-conflict reconstruction and transitional justice. 

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