Episode 62: The ICJ Process — How the Court Case Works

The Belize-Guatemala dispute is now before the International Court of Justice, but what does that actually mean? Today we're explaining how the ICJ process works.

What is the ICJ?

The International Court of Justice, located in The Hague, Netherlands, is the principal judicial organ of the United Nations — the world's highest court for disputes between nations.

• Established in 1945
• 15 judges from around the world
• Settles legal disputes between countries
• Decisions are binding on parties who agree to its jurisdiction

How Did This Case Get to the ICJ?

Both countries democratically chose this path:

• Guatemala voted in 2018 in a national referendum to submit the dispute to the ICJ
• Belize voted in 2019 in its own referendum, with the majority approving
• Both governments agreed to be bound by the decision
• Neither country can back out now

Where is the Case Right Now?

Completed:

• Referendums in both countries
• Formal submission to the ICJ
• Written phase — both governments submitted detailed legal arguments, historical documents, and evidence

Current status: Written submissions are complete, waiting for oral hearings to be scheduled.

What's next: ICJ will announce oral hearing dates → Both countries present arguments in-person → Judges deliberate → Final judgment issued.

What Happens During Oral Hearings?

• Legal teams from both countries present their cases
• Historical evidence is discussed
• Maps, treaties, and documents are analyzed
• Judges ask questions
• Both sides have opportunities to respond
• Hearings are public — anyone can watch live online

How Long Until a Decision?

After oral hearings conclude, the court deliberates privately, then issues a written judgment.

• Oral hearings complete
• Several months to over a year of deliberation
• Written judgment issued
• Decision is final and binding

We're likely looking at a final decision within the next few years, depending on when hearings are scheduled.

Myth of the Week

"The ICJ decision won't matter. Countries ignore international rulings."

This is a legitimate concern, but here's why this situation is different:

• Both countries voluntarily agreed to the process through democratic votes
• Political will exists on both sides
• International community is watching — ignoring a ruling would damage reputation significantly
• Economic incentives favor compliance — both countries benefit from resolved borders

What Will the Ruling Decide?

• Land boundaries: Permanently defining where Belize ends and Guatemala begins
• Maritime boundaries: Defining territorial waters in the Caribbean Sea
• Island sovereignty: Confirming which cayes belong to which country

The ruling will be comprehensive and final. No appeals, no do-overs.

Belize's Legal Position

• The 1859 treaty: Established a valid boundary that Guatemala recognized for decades
• Effective occupation: Belize has governed this territory continuously
• International recognition: Belize was recognized as independent in 1981 by the UN and most countries
• Uti possidetis juris: Legal principle that former colonial boundaries should be respected

Most legal experts believe Belize has the stronger legal position.

Bottom Line

The fact that this dispute is before the ICJ is actually positive news. For the first time in over 160 years, there's a clear path to permanent resolution. Both countries agreed to it. The process is underway. A binding decision will come.

For investors, this means the uncertainty isn't permanent — it has an expiration date.

Connect

📧 [email protected] with questions
🏠 RE/MAX 1st Choice Belize]]>