the ICJ's judgment on preliminary objections in the matter of Alleged
Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea
(Nicaragua v. Colombia).
67. Similarly, according to the Respondent State, the conduct of the Parties
following the filing of the Application would be an important indicator only if
the existence of a dispute has been pre-established. In this regard, it
emphasizes that there is no evidence in the Applicant State’s written
submissions that any alleged violations of rights or obligations were
expressly condemned by it.
68. Finally, the Respondent State contends that the claim that States and
international organizations have called upon it to withdraw its troops from
the DRC is unfounded.
69. At the hearing, the Respondent State reiterated the content of its
submissions. It added that the existence of a dispute was a requirement in
inter-State cases, including those relating to international human rights law,
as it emerges from numerous treaties on the subject.
70. The Respondent State contends that, in accordance with the jurisprudence
of the ICJ, it must be proved that the claims of one party are contested by
the other. In its view, it must be shown that, in the present case, it was aware
or could not have been oblivious to the Applicant State’s claims. It also
submits that, even if evidence of a dispute can be deduced from statements
made by State authorities, the Court must pay particular attention to this.
71. The Respondent State concludes by submitting that there is no dispute
between the Parties warranting referral to this Court.
***
72. The Court observes that, in this case, the issue for determination is whether
the terms “cases” and “disputes” referred to in Article 3 of the Protocol
18