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Colombia’s Steps at the Hague

This post is also available in: Español 

Nothing succeeds in bringing a nation together — and in transcending sharp political differences — than disputes over national territory. The reactions in both Colombia and Nicaragua to the International Court of Justice’s decision last week were predictable. Citizens of both countries were united. National pride won the day. Ideology was secondary.

In general, Colombians were disappointed and upset by the ruling. To be sure, they had more to lose (in fact, Nicaragua had nothing to lose). Although the Court reaffirmed Colombia’s sovereign ownership of seven Caribbean islets, it also significantly expanded the waters under Nicaraguan control. Colombians despaired, Nicaraguans celebrated.

It is tempting to argue, as some have, that Colombia should have withdrawn the case from the Court and not allowed the process to get to this point. It is too late for that now, though the arguments and debates will surely rage on.

Whatever the merits of the Court’s decision – and the Colombian government clearly disagreed -- it is also critical to accept and follow it, which is fortunately and wisely what the Santos government has indicated it will do. The implications of rejecting the World Court’s rule would have been serious indeed.

Accepting the ruling does not, however, preclude a serious diplomatic effort to protect the rights of Colombian fishermen in waters that were awarded to Managua. Security questions should also be on the bilateral agenda for constructive dialogue and discussion. This is precisely what foreign minister Maria Angela Holguin has promised to pursue.

Accepting the ruling also does not mean that the Colombian government should not reconsider its position regarding the Bogotá Pact, signed in 1948 and ratified 20 years later, that recognized the jurisdiction of the International Court of Justice in The Hague. If the Colombian government decided to withdraw from the Covenant, that would not imply a cancellation of the ruling. It would also not mean a decline in Colombian foreign policy.

Indeed, the Court’s ruling should underscore the crucial role that effective diplomacy plays in advancing Colombia’s fundamental national interests. Legal decisions can go either way – that is the nature of the system – but well-developed bilateral relations and multilateral structures can best insure that any negative consequences of such decisions are kept to a minimum.

The passions aroused by this decision are understandable. But it is important at moments like this to take a deep breath and to keep things in perspective. That advice also applies to pending decisions at the Court, involving other Latin American countries such as Peru and Chile, that should also be managed in the same way -- with equanimity.

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