Q COSTARICA — After accepting a writ of amparo for review, the justices of the Constitutional Court, or Sala IV as it is popularly referred to, will determine whether Costa Rica’s incorporation into the “Shield of the Americas” program violates the country’s Constitution and the fundamental rights of Costa Ricans.
The initiative in question is a hemispheric multinational military coalition established by Donald Trump and the United States to combat organized crime and drug trafficking, and, in principle, would allow the U.S. to conduct military operations on Costa Rican territory.
In addition to Costa Rica, ten other right-wing and far-right Latin American governments (Argentina, Bolivia, Dominican Republic, Ecuador, El Salvador, Guyana, Honduras, Panama, Paraguay, Trinidad and Tobago) have signed the hemispheric pact.
“The appellants argue that the declaration signed by the Minister of Public Security links Costa Rica to a hemispheric security framework of a military nature (…). They allege that this signing generated legal and political effects by linking the country to a regional security scheme that they consider incompatible with the Costa Rican legal system,” explained the Constitutional Court.
Military Rejection
For Costa Rica to fight criminal forces on equal terms, it necessarily needs external assistance, according to President Rodrigo Chaves, who defended the “Shield of the Americas” plan.
Chaves has launched strong criticism against the plan’s detractors, accusing them of not understanding the scope of the agreement and of misrepresenting its content.
“There’s always someone who’s drunk at a party. There’s always someone like Miguel Guillén going to the Constitutional Court (Sala IV) without knowing exactly what was discussed,” Chaves said, referring to two appeals for protection and one action of unconstitutionality against the plan.
President Chaves insisted that the agreement does not imply the presence of foreign military forces, but rather a reinforcement of the police response capacity against the advance of organized crime.
Chaves has positioned the pact as a historic and necessary step for Costa Rica and the region to bolster security and tackle narcoterrorism and crime more effectively. He underscored the urgency of swift action against criminal organizations, highlighting the pact’s role in fostering regional cooperation to secure borders and dismantle cartels that threaten national and hemispheric stability.
“No one here is necessarily talking about military force. We are simply talking about ensuring that the response capacity of our police forces is proportionate to the attack capacity of these non-state combatants,” he stated.
This marks a notable moment in Costa Rica’s traditionally neutral foreign policy.