Court of Justice,
Cartago, July 13, 1908, at 1 p. m.
Whereas, in a formal complaint addressed to this court by His Excellency the
Minister of Foreign Relations of the Republic of Honduras in a telegram sent
from Tegucigalpa at 6 p. m. of the 10th instant, and delivered to the
clerk's office at 5 p. m. of the following day, the Government of said
Republic, after reciting the facts which warrant its action, asserts that
the Governments of El Salvador and Guatemala have protected and fomented the
revolutionary move¨ment which is now astir against the constituted
authorities of the nation; and it files against both the charges that they
have not fulfilled " the duty imposed on them by article 17 of the treaty of
peace and amity signed at Washington, to 'concentrate' and proceed against
discontented Hondurans who are preparing to carry civil war into their
country," and that they have violated "the neutrality which they ought to
have observed in accordance with article 2 of the additional agreement
annexed to the said treaty." The complaining Government adds that "Honduras
declines (and charges) to the Governments of El Salvador and Guatemala the
responsibility for the damage to lives and property resulting from the
present armed conflict, for the unwarranted scandal it will cause before
other nations, and for the breach of public faith and of the promise given
to the United States and Mexican Governments at the Washington Conference;"
that "it has sufficient evidence to prove the guilt of the Governments which
it accuses, and places right now at the disposal of the court the documents
which  it possesses in this connection, to be transmitted by telegraph
or sent by mail, at the discretion of the court." It asks, finally, that the
court "determine at once the status in which the Governments of El Salvador
and Guatemala are to remain, in order to prevent greater mischief, until the
court pronounces the sentence condemning these Governments as is due."
Whereas, the complaint of the Hondurean Government should be supplemented by
indicating the proofs on which it is based before it is communicated or
transmitted to the Governments against which it is filed (article 14 of the
convention for the establishment of a Central American court of justice).
Whereas, notwithstanding the foregoing, immediate attention should be given
to the request of the high plaintiff that this court determine the status in
which the contending parties are to remain during the litigation.
Therefore, in accordance with what has been said, with the provisions of the
treaty cited, and with articles 1, 2, 3, 16, and 17 of the general treaty of
peace and amity of December 20, 1907, as well as article 2 of the additional
agreement, it is resolved:
(1) To acknowledge the presentation of the complaint of the Honduran
Government (which is asked to indicate by telegraph the proofs on which it
bases its complaint, without prejudice to the subsequent presentation
thereof in the proper manner), and to wait until the said proofs are
indicated before serving notice of the complaint on the high parties who are
to answer it.
(2) In order to fix the status in which the high interested parties are to
remain pending the final decision of the case, the court resolves to
establish the following rules, which may be subsequently modified or
supplemented, according to necessities and circumstances arising during the
course of events: The Governments of El Salvador and Guatemala must
(a) refrain from any military measure or movement, naval or land, and from
all acts of whatsoever nature which might directly or indirectly imply
interference in the Republic of Honduras;
(b) confine in one place all emigrants suspected of being interested in the
Honduran revolution or of being hostile toward the Honduran Government;
(c) prevent preparations from being made, or any kind of requisites intended
to help or foment the conflict from being solicited, within their
(d) rigorously prosecute any person who abets the struggle in any manner;
(e) disarm and confine in one place any revolutionary force entering their
(f) discharge any Central American emigrants holding positions as officers
in their service and compel them to reside in their respective capitals,
subject to strict vigilance;
(g) reduce their military forces to the proportion necessary for their
ordinary service, plus the detachments required at suitable places along the
frontiers for the sake of preventing assistance being afforded the
revolutionists in the shape of men, war stores or subsistence supplies. On
its part, the Honduran Government shall refrain from any act of hostility
against the aforementioned Republics. Let this resolution be communicated to
the Central American Governments.
Josť Astķa Аguilar.
Angel M. Bocanegra.
Ernesto Martin, Clerk.