Annexes

INTERNATIONAL COURT OF JUSTICE
APPLICATION
INSTITUTING PROCEEDINGS
filed in the Registry of the Court
on 16 November 2022
THE SAPODILLA CAYES
(BELIZE v. HONDURAS)
1
APPLICATION INSTITUTING PROCEEDINGS
I. SUBJECT MATTER OF THE DISPUTE
1. This Application submits to the Court for final and binding resolution in
accordance with international law the dispute between Belize and Honduras
concerning sovereignty over the Sapodilla Cayes.
II. JURISDICTION OF THE COURT
2. The Court has jurisdiction over this dispute pursuant to Article XXXI of the
American Treaty on Pacific Settlement concluded at Bogotá on 30 April
1948, known as the Pact of Bogotá, and pursuant to Article 36(1) of the
Statute of the Court.
3. Honduras signed the Pact of Bogotá on 30 April 1948 and its instrument of
ratification was deposited with the Pan American Union in accordance with
Article LII of the Pact on 7 February 1950.1
4. Belize acceded to the Pact of Bogotá in conformity with Article LIV by
transmission of an instrument of accession to the Organization of American
States on 24 October 2022.2 The General Secretariat of the Organization of
American States issued a certificate of receipt of this instrument dated 27
October 2022. 3 Also in conformity with Article LIV of the Pact, the
1 Republic of Honduras, Instrument of Ratification of the American Treaty on Pacific
Settlement, 7 February 1950, BA Annex 2.
2 Belize, Instrument of Accession to the American Treaty on Pacific Settlement, 24
October 2022, BA Annex 13.
3 General Secretariat of the Organization of American States, Certificate of Receipt of
Instrument of Accession by Belize to the American Treaty on Pacific Settlement, 27
October 2022, BA Annex 15.
2
Organization of American States notified the other High Contracting
Parties on 27 October 2022 of Belize’s accession to the Pact of Bogotá.4
5. Neither Belize nor Honduras has made any reservation to the Pact of
Bogotá.
6. By Article XXXI of the Pact of Bogotá, the High Contracting Parties confer
jurisdiction on the Court over disputes of a juridical nature that arise
between them concerning any question of international law.
7. There is a dispute of a juridical nature concerning a question of international
law between Belize and Honduras regarding sovereignty over the Sapodilla
Cayes, as further detailed in Section III below. It follows that the Court has
jurisdiction over the dispute submitted to it by way of this Application.
III. FACTS
8. The Sapodilla Cayes are a group of cayes lying in the Gulf of Honduras at
the southern tip of the Belize Barrier Reef, approximately 75 kilometres
east of the Belizean mainland town of Punta Gorda. The most prominent of
these cayes include Northeast Sapodilla Caye, Frank’s Caye, Nicholas
Caye, Hunting Caye, Lime Caye, Ragged Caye, West Ragged Caye and
Seal Caye.
9. Since the early nineteenth century, the Sapodilla Cayes have formed part of
the territory of Belize, initially as part of the settlement of Belize and later
the colony of British Honduras, and since 1981 as part of the independent
4 Department of International Law of the Secretariat for Legal Affairs of the General
Secretariat of the Organization of American States, Note informing States parties to the
American Treaty on Pacific Settlement of Belize’s accession, 27 October 2022, BA
Annex 16.
3
State of Belize. There have been over 200 years of uninterrupted peaceful
possession by the United Kingdom (as the relevant colonial power) and by
Belize since its independence in 1981.
10. Prior to 1981, British sovereignty over the Sapodilla Cayes was manifested
through numerous public, peaceful and continuous sovereign acts. These
included (among others):
(a) Exercises of jurisdiction by magistrates over the Sapodilla Cayes
(such as in relation to criminal matters, salvage claims and the
suppression of piracy);
(b) Express statements confirming sovereignty, including as expressed
in official maps;
(c) Protests against conduct on the part of other States that was
inconsistent with British sovereignty;
(d) The construction of lighthouses;
(e) The granting of licences and concessions in relation to natural
resources;
(f) The regulation of land ownership, fishing and entry to the Sapodilla
Cayes; and
(g) The performance of military activities in and around the Sapodilla
Cayes.
11. By contrast, Honduras has never had nor purported to exercise any
sovereignty over the Sapodilla Cayes. Indeed, prior to 1981, it repeatedly
acknowledged British sovereignty. For example, at various points in time
4
the Government of Honduras was concerned that the Sapodilla Cayes were
being used as a base by revolutionary movements plotting against it. The
Government of Honduras accordingly requested the British authorities in
Belize to take action in respect of such movements. These requests plainly
constituted acknowledgement by Honduras of the sovereignty of the United
Kingdom over the Sapodilla Cayes, and indeed were requests by Honduras
for the United Kingdom to exercise its sovereignty over the Sapodilla
Cayes. Such acknowledgements included, for instance, a letter in 1913 from
the Foreign Minister of Honduras, expressed as being on behalf of the
President of Honduras, to the British Consul General. In that letter,
Honduras thanked the Government of the United Kingdom for having
placed a ship of war at the disposal of the “Colonial Government at Belize”
so as to prevent revolutionary activity on the Sapodilla Cayes, which the
Honduran Foreign Minister expressly referred to as “Islands belonging to
the Colony”.5
12. It was only in 1981, with the independence of Belize from the United
Kingdom imminent, that Honduras first made a claim to the Sapodilla
Cayes. It did so in a note to the British Ambassador to Honduras, reserving
the right to have recourse to all means established by international law to
“make Honduran sovereignty prevail”.6 The United Kingdom rejected the
Honduran claim and made clear that it had no doubt concerning the
sovereignty of the United Kingdom over the Sapodilla Cayes.7 Honduras
5 Letter from Mariano Vasquez (Minister for Foreign Affairs, Honduras) to J. P.
Armstrong (British Consul General), 8 September 1913, BA Annex 1.
6 Letter from Cesar Elvir Sierra (Minister for Foreign Affairs, Honduras) to John Barnard
Weymes (British Ambassador to Honduras), 17 March 1981, BA Annex 4.
7 United Kingdom Note to Honduras, 26 March 1981, BA Annex 5.
5
nonetheless maintained its claim in further exchanges with the United
Kingdom.8
13. On 21 September 1981, Belize achieved independence from the United
Kingdom. Upon the unanimous recommendation of the United Nations
Security Council, the United Nations General Assembly voted on 25
September 1981 to admit Belize as a member of the United Nations,9 with
Guatemala the only State voting against the resolution. This resolution was
passed in the context of multiple General Assembly resolutions referring to
the importance of Belize’s independence being achieved with its territorial
integrity intact.10
14. During the United Nations General Assembly proceedings, Honduras made
a statement asserting that the “Cayos Zapotillos historically, geographically
and legally belong to Honduras”. 11 The representative of the United
Kingdom stated in reply that:
“My delegation has been instructed to state that the United
Kingdom does not accept that claim. The United Kingdom has no
doubt of its sovereignty over the Cayos Zapotillos as part of the
territory of Belize up to the date of Belize’s independence. On the
granting of independence to Belize on 21 September this year —
which we note with pleasure has been welcomed by the
8 Communiqué from the Government of Honduras to the British Embassy in Honduras, 10
April 1981, BA Annex 6; Note from the Ministry of Foreign Affairs of Honduras to the
British Embassy in Honduras, Note No. 202-DSM, 21 May 1981, BA Annex 7.
9 General Assembly Resolution 36/3, Admission of Belize to membership in the United
Nations, UN Doc. A/RES/36/3, 25 September 1981, BA Annex 10.
10 See, e.g., General Assembly Resolution 35/20, Question of Belize, UN Doc.
A/RES/35/20, 11 November 1980, BA Annex 3, para. 7.
11 Statement by Mr Elvir Sierra (Honduras) at the United Nations General Assembly,
thirty-sixth session, 10th plenary meeting, UN Doc. A/36/PV.10, 23 September 1981, BA
Annex 8, paras 183-185.
6
Government of Honduras — sovereignty over the Cayos Zapotillos
passed to the State of Belize.”12
15. Following the independence of Belize, Honduras promulgated a new
Constitution in January 1982 which expressly referred to the Sapodilla
Cayes (and, separately, Seal Caye, which forms part of the Sapodilla Cayes)
as part of the territory of Honduras.13
16. Since its independence from the United Kingdom, Belize has exercised its
exclusive sovereignty over the Sapodilla Cayes. Consistently with the
sovereignty previously exercised by the United Kingdom, the sovereign
acts of Belize in relation to the Sapodilla Cayes since 1981 have included
(among others):
(a) Regulatory acts concerning fishing, entry and land ownership in
relation to the Sapodilla Cayes;
(b) The performance of military and coast guard functions on and
around the Sapodilla Cayes;
(c) Express inclusion of the Sapodilla Cayes in Belize’s Constitution as
part of its territory;
(d) The definition of its territorial sea by reference to the Sapodilla
Cayes; and
12 Statement by Mr Goulding (United Kingdom) at the United Nations General Assembly,
thirty-sixth session, 12th plenary meeting, UN Doc. A/36/PV.12 and Corr. 1, 24
September 1981, BA Annex 9, paras 442-444.
13 Constitution of Honduras, 20 January 1982, Article 10, BA Annex 11.
7
(e) Protests against incursions into the Sapodilla Cayes or their
appurtenant waters.
17. Despite Belize’s clear sovereignty over the Sapodilla Cayes, in exchanges
this year between Belize and Honduras it has become clear that Honduras
considers itself constrained by its Constitution to assert its claim to the
Sapodilla Cayes on the international plane and that, notwithstanding the
excellent relations between Belize and Honduras, a legal dispute has
persisted between them.14 Belize desires the full and final resolution of all
territorial claims against it and so now turns to the Court for the prompt
resolution of the legal dispute between Belize and Honduras concerning the
Sapodilla Cayes. Belize emphasises that it does so in support and
furtherance of its friendly relations with Honduras, to have the legal dispute
between them authoritatively and definitively resolved.
IV. LEGAL GROUNDS
18. Under international law, Belize is sovereign over the Sapodilla Cayes. The
Honduran claim to the Sapodilla Cayes, articulated in its 1982 Constitution,
which remains in force as a matter of the internal law of Honduras, has no
basis in international law.
19. In 1981 the people of Belize exercised their right to self-determination with
territorial integrity when Belize obtained its independence from the United
Kingdom. In doing so, Belize succeeded to the sovereignty over the
14 Letter from the Minister of Foreign Affairs of Belize to the Minister of Foreign Affairs
of Honduras, 29 September 2022, BA Annex 12; Letter from the Minister of Foreign
Affairs of Belize to the Minister of Foreign Affairs of Honduras, 25 October 2022, BA
Annex 14.
8
Sapodilla Cayes that the United Kingdom had held and exercised for well
more than a century.
20. Honduras had long recognised and accepted the sovereignty of the United
Kingdom over the Sapodilla Cayes, and the United Kingdom had exercised
that sovereignty publicly, peacefully and continuously in manifold ways.
21. Since Belize succeeded in 1981 to the sovereignty of the United Kingdom
over the Sapodilla Cayes, Belize has continuously exercised exclusive
sovereignty over the Sapodilla Cayes.
V. RELIEF SOUGHT
22. Belize respectfully requests the Court to adjudge and declare that, as
between Belize and Honduras, Belize is sovereign over the Sapodilla
Cayes.
VI. RESERVATION OF RIGHTS
23. Belize reserves the right to supplement or amend in the course of these
proceedings the matters introduced by this Application, including in respect
of the facts relied on, the legal grounds invoked, and the relief requested.
9
VII. APPOINTMENT OF AGENT AND CO-AGENT
24. The Government of Belize appoints Ambassador Assad Shoman as Agent
and Ambassador Alexis Rosado as Co-Agent for Belize in these
proceedings.
Raineldo Urbina
Chargé d’affaires ad interim
Embassy of Belize accredited to the
Kingdom of the Netherlands
16 November 2022
11
CERTIFICATION
I certify that the documents annexed to this Application and listed overleaf are true
copies of the originals and that any translations into English are accurate.
Raineldo Urbina
Chargé d’affaires ad interim
Embassy of Belize accredited to the
Kingdom of the Netherlands
16 November 2022
13
LIST OF ANNEXES
ANNEX
NO.
TITLE SOURCE PAGE
1. Letter from Mariano Vasquez
(Minister for Foreign Affairs,
Honduras) to J. P. Armstrong
(British Consul General),
8 September 1913
UK National
Archives, CO
123/277
17
2. Republic of Honduras, Instrument of
Ratification of the American Treaty
on Pacific Settlement, 7 February
1950
Spanish original, followed by
English translation
Spanish original:
Archives of the
Organization of
American States
English translation:
Ministry of Foreign
Affairs of Belize
21
3. General Assembly Resolution 35/20,
Question of Belize, UN Doc.
A/RES/35/20, 11 November 1980
UN Doc.
A/RES/35/20
29
4. Letter from Cesar Elvir Sierra
(Minister for Foreign Affairs,
Honduras) to John Barnard Weymes
(British Ambassador to Honduras),
17 March 1981
Spanish original followed by English
translation
Spanish original:
UK National
Archives, FCO
99/891
English translation:
Annex II to Foreign
and
Commonwealth
Office, Research
Department Note
26/82, November
1982, UK National
Archives, FCO
99/1407/1
33
14
ANNEX
NO.
TITLE SOURCE PAGE
5. United Kingdom Note to Honduras,
26 March 1981
Annex III to
Foreign and
Commonwealth
Office, Research
Department Note
26/82, November
1982, UK National
Archives, FCO
99/1407/1
39
6. Communiqué from the Government
of Honduras to the British Embassy
in Honduras, 10 April 1981
UK National
Archives, FCO
99/891
43
7. Note from the Ministry of Foreign
Affairs of Honduras to the British
Embassy in Honduras, Note
No. 202-DSM, 21 May 1981
UK National
Archives, FCO
99/892
47
8. Statement by Mr Elvir Sierra
(Honduras) at the United Nations
General Assembly, thirty-sixth
session, 10th plenary meeting, UN
Doc. A/36/PV.10, 23 September
1981
UN Doc.
A/36/PV.10
53
9. Statement by Mr Goulding (United
Kingdom) at the United Nations
General Assembly, thirty-sixth
session, 12th plenary meeting, UN
Doc. A/36/PV.12 and Corr. 1,
24 September 1981
UN Doc.
A/36/PV.12 and
Corr. 1
61
10. General Assembly Resolution 36/3,
Admission of Belize to membership
in the United Nations, UN Doc.
A/RES/36/3, 25 September 1981
UN Doc.
A/RES/36/3
65
15
ANNEX
NO.
TITLE SOURCE PAGE
11. Constitution of Honduras,
20 January 1982, Article 10
Spanish original (extract), followed
by English translation (extract)
Spanish original:
http://congreso.gob.
hn, retrieved from
Wayback Machine
Internet Archive 15
English translation:
Constitute Project16
69
12. Letter from the Minister of Foreign
Affairs of Belize to the Minister of
Foreign Affairs of Honduras,
29 September 2022
Ministry of Foreign
Affairs of Belize
75
13. Belize, Instrument of Accession to
the American Treaty on Pacific
Settlement, 24 October 2022
Ministry of Foreign
Affairs of Belize
79
14. Letter from the Minister of Foreign
Affairs of Belize to the Minister of
Foreign Affairs of Honduras,
25 October 2022
Ministry of Foreign
Affairs of Belize
83
15. General Secretariat of the
Organization of American States,
Certificate of Receipt of Instrument
of Accession by Belize to the
American Treaty on Pacific
Settlement, 27 October 2022
Ministry of Foreign
Affairs of Belize
87
15 https://web.archive.org/web/20100705043950/http://congreso.gob.hn/const…
NSTITUCION%201982%20DECRETO%20131-82.pdf
16 https://www.constituteproject.org/constitution/Honduras_2013.pdf?lang=en
16
ANNEX
NO.
TITLE SOURCE PAGE
16. Department of International Law of
the Secretariat for Legal Affairs of
the General Secretariat of the
Organization of American States,
Note informing States parties to the
American Treaty on Pacific
Settlement of Belize’s accession,
27 October 2022
Ministry of Foreign
Affairs of Belize
91