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Case #2: Aerial Herbicide Spraying (Ecuador V. Colombia)

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Case #2: Aerial Herbicide Spraying (Ecuador V. Colombia) Case #2: Aerial Herbicide Spraying (Ecuador v. Colombia) From the Hague Justice Portal: ―On 31 March 2008, Ecuador informed the International Court of Justice (ICJ) of a dispute between itself and Colombia concerning the alleged aerial spraying by Colombia of toxic herbicides at locations near, at and across its border with Ecuador. Ecuador claims that toxic herbicides have caused damages to human health, property and environment. Ecuador thus requests the Court to adjudge and declare that Colombia violated its obligations under international law and additionally asks to be indemnified by Colombia. Aerial spraying by Colombia is part of a plan with the aim of eradicating coca trafficking in the area, which constitutes the principal source of revenues for the FARC guerillas in Colombia.31" Ecuador’s Claim In its application, Ecuador says that ―the spraying has already caused serious damage to people, to crops, to animals, and to the natural environment on the Ecuadorian side of the frontier, and poses a grave risk of further damage over timeǁ. It further states that it has made ―repeated and sustained efforts to negotiate an end to the fumigationsǁ but that ―these negotiations have proved unsuccessfulǁ32. Aerial herbicide spraying can cause major health issues for any and all mammals exposed. Most herbicide products used in forestry have a severely irritating effect on lung tissue when inhaled. In particular, inhalation of kerosene or diesel causes potentially fatal chemical pneumonia. Although there is no visible damage to plants immediately after spraying (mortality may take up to six weeks), residues are present in plant tissue and herbivores may be exposed repeatedly while feeding within a spray area. Herbicides are also associated with reproductive problems33. A strong correlation has been uncovered between herbicide exposure and decrease in sperm count, as well as an increase in abnormal and dead sperm in mammals. Recently, pesticide exposure has been linked to immune dysfunction in many studies. A study by Swedish oncologists Drs. Lennart Hardell and Mikael Eriksson published in the journal of the American Cancer Society in early 1999 has revealed links between glyphosate (a chemical found in many herbicides) exposure and development of non-Hodgkins lymphoma, a form of cancer affecting the lymphatic system, which has appeared with alarmingly greater frequency worldwide in recent years34. Ecuador has been engaged in border struggles with Colombia in the past, especially concerning guerilla fighters within Colombia, which spill over into Ecuador. Columbia’s Claim Colombia‘s defense is based on the presence of guerilla fighters near the borders. Their main funding is coca plants in the region that can be used to produce illegal narcotics. The black market drug trade is the guerillas' main form of funding, and Colombia has used herbicides to target these plants, and by doing so, combat the illegal drug trade. Colombia‘s use of aerial herbicides has been causing issues within the region for years, and began as early as 2001i. Colombia maintains that their use of aerial herbicides is not causing illnesses in the area. ―Colombia is convinced that the herbicide used in aerial spray of coca and poppy crops is harmless for human health and the environment,ǁ said Jurgan Kaiser, a Colombian government spokesman. ―A scientific study recently undertaken under the auspices of the Organization of American States (Inter-American Commission against Drug Abuse) confirmed this. For more information about this, check the commission‘s web page at www.cicad.oas.org.ǁ Because of the guerilla struggles, this issue has many facets. Because of the havoc caused by these fighters within the region, they must be combated in any way necessary, and putting a stop to the drug trade is one of the best ways to do this. Without a consistent means of funding, the guerilla fighters would eventually disappear. 31 Aerial Herbicide Spraying (Ecuador v. Colombia). Hague Justice Portal , n.d. Web. 3 Dec. 2010. http://www.haguejusticeportal.net/eCache/DEF/9/285.html 32 International Court of Justice - Pending Cases. International Court of Justice , n.d. Web. 3 Dec. 2010. <http://www.icj- cij.org/docket/index.php?p1=3&p2=1&code=ecol&case=138&k=ee>. 33 Goodman, Daisy. Aerial Herbicide Spraying- Poisoning the Maine (and New Hampshire) Woods. N.p., n.d. Web. 3 Dec. 2010. <http://www.forestecologynetwork.org/tmwfall99_05.html>. 34 Goodman, Daisy. Aerial Herbicide Spraying- Poisoning the Maine (and New Hampshire) Woods. N.p., n.d. Web. 3 Dec. 2010. <http://www.forestecologynetwork.org/tmwfall99_05.html>. Other Useful Resources A. Statute of The ICJ http://www.icj-cij.org/documents/index.php?p1=4&p2=2&p3=0 (This is important for deciding jurisdiction) B. Rules of the Court http://www.icj-cij.org/documents/index.php?p1=4&p2=3&p3=0 (Also important for jurisdiction) C. Pact of Bogota http://www.oas.org/juridico/english/treaties/a-42.html (Play around with this website, as it has a lot of useful information; make sure you look at the reservations made when states signed this treaty and why they made them) D. United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances http://www.oas.org/juridico/english/treaties/a-42.html (Pay attention to Article 32; this is a very important document concerning this case, so make sure to explore it) MSUMUN Page 16 E. United Nations Environmental Program http://www.unep.org/hazardoussubstances/SearchResults/tabid/198 .
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