13 July 1908

 

CENTRAL AMERICAN cOURT OF JUSTICE

 
 
 

Honduras

Nicaragua

v. 

Guatemala

 

El Salvador

 
 

order

 
BEFORE: JUDGES: Josť Astķa Аguilar; Salv. Gallegos; Angel M. Bocanegra; Alberto Ucles; Josť Madriz.
 
Applicant(s): Honduras, Nicaragua
Respondent(s): Guatemala, El Salvador
      
Perma Link: http://www.worldcourts.com/cacj/eng/decisions/1908.07.13_Honduras_v_Guatemala2.htm
Citation: Honduras v. Guatemala, CACJ, Order of 13 July 1908, 2 Am. J. Intíl L. 840 (1908)
Editor's Note: Reproduced with permission from ASIL/AJIL. The American Journal of International Law, Vol. 2 (1908) p, 840
© 1909 The American Society of International Law
 

  


[p840] Central American Court of Justice,
July 13, 1908ó1.30 p. m.

Whereas, His Excellency the President of the Republic of Nicaragua, in a telegram deposited at Campo de Marte on July 9 instant, at 11 p. m., and received in the clerk's office at 7 a. m. on the following day, states that his. Government will file due complaint before this court on account of the revolution begun in Honduras, and that consequently His Excellency the Minister of Foreign Relations will answer the circular communication of this court under date of the 8th instant.

Whereas, His Excellency the Minister of Foreign Relations of the Republic of Nicaragua, in a telegram deposited at the Campo de Marte on July 10, at 12.30 a. m., and received in the clerk's office on the same day at 11.30 a. m., states that, by special instructions from His Excellency the President of that Republic, he has the honor to refer to the aforementioned circular, and in connection therewith he presents to the court a recital of the events which have occurred in the Republic of Honduras and declares that the Republic of Nicaragua is interested, in the present contest for the reason that it participated in the Washington treaties, because it is concerned in the maintenance of general peace in Central America, because its territory borders on that of Honduras, and because of the possible participation in the conflict of Nicaraguan emigrants, who might pursue ulterior ends against its own tranquillity. The Minister of Foreign Relations enumerates, moreover, the grounds on which his Government bases its action in pointing out the Republics of El Salvador and Guatemala as the instigators in the said revolutionary movement, and he prays the court to adopt such measures as it may deem effective.

Whereas, since it did not appear clearly in the telegram of His Excellency the Minister of Foreign Relations whether it was the intention of the Nicaraguan Government to file this as its formal complaint or to reserve the complaint for a subsequent document which has been officially announced; and since it was not precisely specified whether the action should be understood as being directed solely against the Guatemalan Government, the court ordered, as shown in the appropriate document, that the clerk should ask His Excellency the Minister of Foreign Relations by telegraph for the necessary explanatory data, declaring, however, that the message mentioned was sufficiently complete to enable the court to adopt, on the strength of it, the precautionary measures referred to by article 8 of the convention for the establishment of a Central American court of justice, signed at Washington December 20, 1907.

Whereas, by virtue of the foregoing, and in the interest of the peace of Central America, it is appropriate, as one of the measures conducive to this end, to determine the statu quo in which the contending parties are to remain pending the final determination of their rights by judgment of the court: Therefore, in accordance with what has been said, with the above-cited provisions of the convention, and with articles 1, 2, 3, 16, and 17 of the general treaty of peace and amity of December 20, 1907, and with article 2 of its additional convention, It is resolved: To provide, in fixing the statu quo, that the high interested parties shall, pending the final decision of the matter, observe the following rules, which [p841] the court may modify or supplement, according to necessities and circumstances:

(a) The Republic of El Salvador, Guatemala, and Nicaragua shall refrain from any act which, as regards the pending conflict in Honduras, involves violation of the neutrality agreed upon in article 2 of the aforementioned additional convention;
(b) they shall prevent any assistance or encouragement being given in any form from their territories or with their resources to the aforementioned revolutionary movement, for which purpose they shall exercise adequate vigilance on the frontiers by means of detachments of troops stationed at the most suitable places;
(c) they shall confine to one place all the voluntary exiles (emigrados) to whom it is possible to ascribe intentions of participating in the pending struggle or who are known to be adversaries of the Honduran Government;
(d) they shall proceed, as provided in article 17 of the general treaty of peace and amity, against all persons who assist or encourage the aforementioned revolution within their territories;
(e) they shall reduce the strength of their army to the proportions required for ordinary service and the aforementioned guarding of the frontiers;
(f) they shall discharge any officers of high or low grade in their service if they are emigrants from Central American countries, compelling them to reside in their respective capitals under official surveillance;
(g) they shall disarm and intern any revolutionary force coming into their territories; and
(h) they shall refrain from any act in their mutual relations which might imply hostility.

Let this resolution be communicated to the Governments of Central America.

Josť Astķa Aguilar.
Salv. Gallegos.
Angel M. Bocanegra.
Alberto Ucles.
Josť Madriz.
Ernesto Martin, Clerk of Court.

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