Minister Henry Charles Uhser Comments on Guatemala’s Push to Intervene in Sapodilla Cayes Case at ICJ

As we reported, the oral hearings wrapped up this week at the International Court of Justice (ICJ) in The Hague, where from November 24 to 26, judges heard Guatemala’s application for permission to intervene in the case concerning sovereignty over the Sapodilla Cayes, a dispute between Belize and Honduras.  During its oral submissions, Guatemala argued that it should be allowed to intervene as a non-party in order to inform the Court of its “interests” and to protect what it claims are legal rights relating to the southern group of cayes. The Sapodilla Cayes, long administered by Belize, are located in the Gulf of Honduras and form part of the Belize–Honduras case filed before the ICJ in November 2022.  Honduras objected strongly to Guatemala’s request, stating that neither the Statute nor the Rules of the Court provide Guatemala with an automatic right to intervene. Honduras further argued that granting such a request would amount to an abuse of process and risk introducing a new dispute into an already existing case. It maintained that Guatemala has had, and continues to have, sufficient opportunity within the ongoing Guatemala v. Belize territorial, insular and maritime claim to present any arguments it believes relate to the Sapodilla Cayes.  Minister Henry Charles Usher commented on the hearings, noting their importance and reaffirming Belize’s confidence in the ICJ process.

Henry Charles Usher, Minister of Public Service: “Congratulations and thank you to our agent Assad and to our representative or legal representative in this matter who really articulated the points that Belize is making very very clearly, very concisely and in a way that everybody could understand. I think if you followed him yesterday you can understand Belize’s position. So what is happening here is actually a matter between Belize and Honduras for the Sapodilla range that’s Sapodilla Cayes. This is not the substantive case between Belize and Guatemala yet. But Guatemala applied to be a part of that case and of course that matter is being determined. Now Honduras is resisting or rejecting Guatemala’s application to be a part of the case. From Belize’s perspective we say make we do it one time you know make we do it one time bring in Guatemala into the case because we know that we are firm, we know that the Sapodilla Cayes are for Belize and let the court decide once and for that it is for Belize. Let it not say, “Oh, it’s not for Honduras,” and then leave that ambiguity there. Say, one time, it’s not for Honduras, it’s not for Guatemala, it is for Belize. And I think that’s why it was important that Belize not object to Guatemala being a part of this case. I’m surprised that they attempted to be, or have attempted to be a part of this case. So the point is that we know we are firm in our position. We’re sure of our case and we’re sure that we can argue those matters before the court and as you can see yesterday it is very concise, it is very legal and it is one that anybody can understand.”

Belize, for its part, stressed that the administration of justice requires coordination and timely completion of both active cases: the Guatemala v. Belize claim and the Belize v. Honduras proceedings. Belize underscored that while the Court has full discretion to decide whether Guatemala should be allowed to intervene, such a request does not confer an automatic right.  The Court will now deliberate and announce its decision in due course.