INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org
Press Release
Unofficial
No. 2009/30
29 October 2009
Filing in the Registry of the Court of an “Application instituting proceedings
by the Republic of Honduras against the Federative Republic of Brazil”
THE HAGUE, 29 October 2009. The Ambassador of Honduras to the Netherlands yesterday
filed at the International Court of Justice (ICJ)an “Application instituting proceedings by the
Republic of Honduras against the Federative Republic of Brazil”.
In this document, it is stated that the “dispute between the Republic of Honduras and the
Federative Republic of Brazil relates to legal questions concerning dipl omatic relations and
associated with the principle of non-intervention in matters which are essentially within the
domestic jurisdiction of any State, a principle incorporated in the Charter of the United Nations”.
In particular, the document indicates that “[Mr. José Manuel Zelaya Rosales and] an
indeterminate number of Honduran citizens”, w ho have been taking refuge in the Brazilian
Embassy in Honduras since 21September2009, “are using [its] premises... as a platform for
political propaganda and thereby threatening the p eace and internal public order of Honduras, at a
time when the Honduran Government is making prep arations for the presidential elections which
are due to take place on 29November2009”. It is stated that “[t]he Brazilian diplomatic staff
stationed in Tegucigalpa are allowing Mr.Zelaya and his group to use the facilities, services,
infrastructure and other resources in order to evade justice in Honduras
”.
The following request is set out at the end of the document:
“⎯ Honduras respectfully requests the Court to adjudge and declare that it has
jurisdiction to adjudicate the dispute between Honduras and Brazil and that the
Application of Honduras is admissible.
⎯ Honduras respectfully requests the Court to adjudge and declare that Brazil does
not have the right to allow the premises of its Mission in Tegucigalpa to be used to
promote manifestly illegal activities by Honduran citizens who have been staying
within it for some time now and that it sh all cease to do so. Just as Brazil rightly
demands that the Honduran authorities guarantee the security and inviolability of
the Mission premises, Honduras demands that Brazil’s diplomatic staff stationed
in Tegucigalpa devote themselves exclus ively to the proper functions of the
Mission and not to actions constituting in terference in the domestic affairs of
another State.
⎯ While the primary purpose of this Application is to secure a declaration that Brazil
has breached its obligations under Article 2 (7) of the Charter and those under the - 2 -
1961Vienna Convention on Diplomatic Relations, the Government of Honduras
reserves the right to claim reparation for any damage resulting from the actions of
Brazil, of its Mission, and of the Honduran persons sheltered by it in the Mission.
⎯ Pursuant to Article31 of the Statute of the Court and Article35, paragraph1, of
the Rules of Court, the Republic of Honduras gives notice of its intent to exercise
the power to choose a judge ad hoc.
⎯ Honduras reserves the right to amend and supplement the terms of the present
Application.
⎯ Honduras reserves the right to file a request for the indication of provisional
measures should Brazil not immediately put an end to the disturbance caused to
internal order in Honduras.”
___________
Information Department:
Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Messrs. Boris Heim and Maxime Schouppe, Information Officers (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Barbara Dalsbaek, Administrative Assistant (+31 (0) 70 302 2396)
Filing in the Registry of the Court of an “Application instituting proceedings by the Republic of Honduras against the Federative Republic of Brazil”