Guatemala submits formal territorial, insular, and maritime claim to Belize to the ICJ

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On Tuesday, December 8, 2020, Belize’s Ministry of Foreign Affairs received the Republic of Guatemala’s Memorial in relation to Guatemala’s Territorial, Insular and Maritime Claim to Belizean territory. That Memorial has now been filed at the International Court of Justice (ICJ) in accordance with the Court’s extension order of April 22, 2020. An extension was requested due to delays brought on by the COVID-19 pandemic.
They have now compiled the Guatemalan Memorial which cites claims in terms of continental lands, islands, and seas, and the legal grounds for such. In its entirety, the Memorial consists of one volume of 500 pages, 462 Annexes, 8 Maps, and 24 Figures. While ICJ rules do not allow Belize to disclose Guatemala’s pleadings, and Belize is obliged to abide by these rules, the Ministry of Foreign Affairs understands the concerns and anxiety of the Belizean citizenry to know what the claims are. For years, the claims of Guatemala has varied and the most explicit formulation of the claim made in modern times was that contained in a letter from Guatemala’s Foreign Minister. This was addressed to Belize’s Prime Minister on October 18, 1999 in which Guatemala declared that the territory between the rivers Sibun and Sarstoon should “revert” to Guatemala, being an integral part of the Verapaz province. The letter also protested the “de facto occupation of the islands adjacent to Belize.” Guatemalan governments since then have tended to follow the line laid down in that letter and have refrained from claiming the entire territory.
While it is constrained in what it can say by the ICJ Rules, the Ministry revealed that Guatemala’s Memorial presents “no surprises, no new claims that are different from those that have been made at different times in the past, which are well documented.”
The Court’s order of April 22, 2020 also extended the time for the filing of Belize’s Counter-Memorial to June 8, 2022. The Belize Office of the Agent to the ICJ, in collaboration with the international team of experts, is at work in preparing Belize’s Counter Memorial. This will resolutely reject Guatemala’s Claim and strongly assert Belize’s claim to all its territory, islands, and seas in accordance with international law. Belize remains confident of its sovereignty over all the territory we succeeded to from the United Kingdom at independence on September 21, 1981 and over all the maritime areas to which we are entitled by the law of the sea.
Belize’s Agent at the ICJ is Dr. Assad Shoman and Co-agent is Ambassador Alexis Rosado. Belize’s international team is comprised of Senior Counsel Sam Wordsworth QC, Dr. Ben Juratowith QC and Mathias Forteau; Junior Counsel Amy Sander, Philippa Webb and Kate Parlett; Support Counsel Catherine Drummond and Jamie Trinidad and Hydrographer/Geographer Robin Cleverly.
Hon. Sen. Eamon H. Courtenay SC and Leslie Mendez represent the Government in this process. Hon. Patrick Faber, Leader of the Opposition, has named Michael Peyrefitte and Godwin Hulse as representatives of the Opposition who will remain fully engaged and informed of the process.