1. No category

Case #2: Aerial Herbicide Spraying (Ecuador v. Colombia)
From the Hague Justice Portal:
―On 31 March 2014, 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 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>. 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
unsuccessfulǁ‖.
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 problems.
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 years.
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>. 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.
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)
E. United Nations Environmental Program
http://www.unep.org/hazardoussubstances/SearchResults/tabid/198