[Translation by the Registry]
A PPLICATION INSTITUTING PROCEEDINGS BY THE REPUBLIC OF H ONDURAS
AGAINST THE FEDERATIVE R EPUBLIC OF B RAZIL
1. The Republic of Honduras has the honour to s ubmit a dispute to the International Court of
Justice, pursuant to Article36, paragraph1, of te Statute and Article38 of the Rules of Court.
This 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 with in the domestic jurisdiction of any State, a
principle incorporated in the Charter of the United Nations.
The facts
2. In June2009, the President of the Republic of Honduras, JoséManuelZelayaRosales,
took the initiative of consulting the Honduran peopl e with a view to reforming the Constitution by
means of the convening of a constituent assembly. The purpose of this reform was to allow the
President of the Republic to exercise more than one term of office, contrary to Articles4, 42(5),
237, 373 to 375 and others of the Political Cons titution of 1982. Article 4 expressly provides that
“The form of government is republican, democratic and representative. It is exercised by three
powers: Legislative, Executive and Judicial, which are complementary, independent, and not
subordinate to each other. Alternation in the exercise of the Presidency of the Republic is
obligatory. Violation of this norm constitutes a crime of treason against the Fatherland. ”
(Annex 1.)
3. On 29 June 2009, a judge of the Criminal Division in Tegucigalpa ordered the immediate
arrest of Mr. José Manuel Zelaya Rosales on suspicion of crimes against the “form of government”,
treason against the Fatherland, abu se of authority and the usurping of powers to the detriment of
the public administration and of the State of Honduras (Annex2). Mr.Zelaya first travelled to
other neighbouring countries in Central America, th en returned secretly to Tegucigalpa, where he
took refuge in the Brazilian Embassy, with an indeterminate number of Honduran citizens, on
21 September 2009.
4. The President of Brazil, Mr.LuisInazioLuladaSilva, and the Brazilian Minister for
Foreign Affairs have wrongly stated that the a rrival of Mr.Zelaya and the group accompanying
him at the Mission occurred without their prior knowledge. These statements have been
categorically denied by Mr.Zelaya himself, who has indicated that “this was a personal decision
taken in consultation with Presi dent Lula and Chancellor Amorim, and the [Brazilian] chargé
d’affaires in Tegucigalpa” (Annex 3).
5. Since that date, Mr.Zelaya and his grouphave been using the premises of the Brazilian
Embassy as a platform for political propaganda an d thereby threatening the peace and internal
public order of Honduras, at a time when the Hondur an Government is making preparations for the
presidential elections which are due to take place on 29 November 2009.
6. The Brazilian diplomatic staff stationed Tegucigalpa are allowing Mr.Zelaya and his
group to use the facilities, services, infrastructure an d other resources in order to evade justice in
Honduras, and to conduct illegal activities against the lawful and legitimate Government of
Honduras by calling for insurrection by Honduran nationals against the constitutionally established
authority. 7. Honduras expressed its concerns to Brazil in Note Verbale No.022-DSM of
22September2009 (Annex4). Brazil has not seen fit to reply to that Note. Honduras is
consequently filing this Application and reserves the right under Article41 of the Statute of the
Court to submit a request for the indication of provisional measures, with a view to putting an end
to the disturbance that is being caused.
Grounds of the claim
8. Article2(7) of the Charter of the United Nations states that nothing contained in the
Charter shall authorize the United Nations to intervene in matters which are essentially within the
domestic jurisdiction of any State. The régime governing the election of the President of the
Republic, the performance of his office and the end of that office, as provided for in the Honduran
Constitution of 1982, are solely within Honduran jurisdiction. The same is true of electoral rules
and of judicial proceedings. Brazil, a Member of the United Nations, can find no support in the
enforcement measures provided for in ChapterVI I of the Charter, for the simple reason that
Honduras is not subject to any such measure. The ending of Mr. Zelaya’s office as President of the
Republic, which took place in accordance with th e constitutional provisions in force through the
intervention of the legislative and judicial authorities of Honduras, is a matter falling solely under
the domestic law of Honduras. This question lies outside the scope of international law.
9. Honduras is at present actively preparing fo r the presidential election in accordance with
the Constitution and the laws of Honduras and has maintained the timetable established during the
Zelaya presidency. This shows that the matter is one which is strictly internal to Honduras falling
under Article2(7) of the Charter, permitting of no intervention by a third State. The electoral
process is taking place according to democratic and constitutional rules, with all their
accompanying safeguards. There is no legal reason supporting intervention, be it by commission or
omission, by foreign diplomatic missions in Tegucigalpa, let alone the attempt to shield individuals
of Honduran nationality from obligations arising under domestic law. Brazil has not even informed
Honduras of the number of persons it is accommodating in its Mission, their identities or the basis
on which it is allowing them to stay there. Th e democratic carrying through of the electoral
process to completion is an extremely important goal of the Government of Honduras, which can in
no case forgo pursuing it to its conclusion.
10. Brazil is using the premises of its Mission in Tegucigalpa for purposes completely alien
to the provisions of the Vienna Convention on Di plomatic Relations, having entered into force on
24 April 1964, and in particular Article 3 thereof.
11. Moreover, Article 41 of that Convention provides that all persons enjoying privileges and
immunities, those persons being of Brazilian nationa lity in this instance, have “the duty... to
respect the laws and regulations of the receiving State. They also have a duty not to interfere in the
internal affairs of that State”, Honduras in this instance.
12. In no way are Brazil’s actions justifiabl e under the American Convention on Diplomatic
Asylum, signed at Caracas on 28 March 1954, to which Brazil has been a party since 25 June 1957.
Honduras is a signatory to the Convention.Jurisdiction of the Court
13. In accordance with Article36, paragraph1, of the Statute, the Court has jurisdiction
pursuant to ArticleXXXI of the American Treaty on Pacific Settlement, signed on 30April1948
and, under the terms of Article LX thereof, officially called the “Pact of Bogotá”, ratified without
reservation by Honduras on 13 January 1950 and by Brazil on 9 November 1965.
The claim
14. Honduras respectfully requests the Court to adjudge and declare that it has jurisdiction to
adjudicate the dispute between Honduras and Braz il and that the Application of Honduras is
admissible.
15. 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 shall cease to do so. Just as Brazil rightlydemands 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 interference in the internal affairs of another State.
16. While the primary purpose of this Application is to secure a declaration that Brazil has
breached its obligations under Article2(7) of the Charter and those under the 1961Vienna
Convention on Diplomatic Relations, the Governme nt 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.
17. 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.
18. Honduras reserves the right to amend and supplement the terms of the present
Application.
19. 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.
Annexes
1. Article 4 of the Political Constitution of the Republic of Honduras of 1982.
2. Order by a judge of the Criminal Division in Tegucigalpa dated 29 June 2009.3. Communiqué from the Honduran Ministry of External Relations dated 24 September 2009.
4. Note Verbale No. 022-DSM from Honduras dated 22 September 2009
The Hague, 28 October 2009
(Signed) Julio Rendón BARNICA,
Ambassador of the Republic of Honduras in The Hague
Agent of the Government of the Republic of Honduras
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Application instituting Proceedings