#ICJ | May God have mercy in Nicaragua because Judge Bhandari will not
[By Florencia Fernandez]
In the third session of the International Court of Justice (ICJ), the debate recalled to the punishment of Nicaragua for invading the Island Calero. The Judges came upon a decision to financially sentence Nicaragua, and the money will have to go to Costa Rica policies or organizations that study on the environmental damage and the repair to those damages.
No amount of money was stipulated, but according to Judge Bhandari “We’re not here to have mercy”. The Judge further said that a harder fine will be in accordance on the damage and the Court should not be mild on taking the action. Judge Sebutinde disagreed with such declaration and affirmed: “We’re approaching the best solution to both parties and are not here to punish”.
On the Press Conference, Judge Bhandari also stated that geographic analyze and territory were essential to establish Costa Rica’s Sovereignty over Calero Island. The other aspects that concerns sovereignty were briefly debated. He also acknowledged the error of using Wikipedia maps as official documents and said the maps were disqualified later on.
Judge Sebutinde clarified the court almost consensus on going a “Soft Penalty”, by saying that a more harder penalty would only cause more trouble in the region and would unfairly affect Nicaragua’s economy and social state.
When asked about the decision to decline Ms Mary Jane Smith, Google expert technician, Judge Crawford told that even though the Cañas-Jerez Treaty is problematic, it’s the law recognized by both countries. And Judge Ahmed complimented saying that Google should reaffirm his position because according to the judge, the central agency recognized and apologized for the error and the technician said otherwise.
Judges Abraham and Ahmed clarify the controversial idea of reducing Nicaragua’s army saying it was a mistake and that not reflects the idea of solution they have in mind for the cases.
In conclusion, the first day of debate in ICJ ended in a confused consensus. To wit, all Judges agree that Nicaragua invaded Costa Rica’s island, but so far do not know how hard they will penalize