Belize's Justice Treaties

Belize has signed treaties with the US, Paraguay, South Africa, Sri Lanka, and Guatemala regarding extradition and mutual legal assistance in criminal matters.

The US-Belize Extradition Treaty, signed in 2000, outlines the procedures and documentation required for extradition between the two countries. It also includes a list of 40 extraditable offences, including murder, sexual assault, kidnapping, terrorism, and drug-trafficking.

The Treaty on Mutual Legal Assistance in Criminal Matters, signed between the US and Belize in 2000, facilitates cooperation in investigations, prosecutions, and proceedings related to criminal matters.

The US and Belize have an extradition treaty that covers offences committed before and after the date it came into force in 2001

The US-Belize extradition treaty was signed on March 30, 2000, and came into force on March 27, 2001. The treaty is retroactive, meaning it applies to offences committed before and after the date it came into force. This is a common feature of modern extradition treaties.

The treaty was designed to replace the outdated 1972 extradition treaty between the US and the UK, which had been applied to Belize (formerly British Honduras) since its independence. The new treaty was intended to enhance cooperation between the law enforcement communities of both countries, and to aid in the fight against serious offences, including terrorism, organised crime, and drug-trafficking.

The treaty obliges both countries to extradite to each other persons wanted for prosecution or convicted of an extraditable offence. An extraditable offence is defined as one that is punishable by deprivation of liberty for over a year, or by a more severe penalty, in both the US and Belize. The treaty includes a list of 40 of the most common extraditable offences, including money laundering, racketeering, and firearms offences.

The treaty also includes provisions for:

• Provisional arrest and detention of persons in cases of urgency
• The temporary and deferred surrender of persons wanted for prosecution who are already serving a sentence in the requested state
• The seizure and surrender of property connected with the offence
• The rule of speciality, which states that a person extradited under the treaty may not be detained, tried, or punished for an offence other than that for which extradition was granted
• Transit through the territory of one state of a person being surrendered to the other state by a third state

Belize has a Mutual Legal Assistance Treaty with the US that came into force in 2003

The treaty covers a range of areas, including:

• Taking testimony or statements of persons
• Providing documents, records, and articles of evidence
• Locating or identifying persons
• Serving documents
• Transferring persons in custody for testimony or other purposes
• Executing requests for searches and seizures
• Assisting in proceedings related to immobilization and forfeiture of assets
• Restitution
• Collection of fines
• Any other form of assistance not prohibited by the laws of the Requested State

The treaty also includes provisions for the exchange of information and evidence relating to criminal matters, as well as for the transfer of persons in custody between the two countries. It outlines the procedures for making and responding to requests for assistance, including the conditions under which assistance may be denied.

The Mutual Legal Assistance Treaty is part of a broader effort to improve cooperation between the US and Belize in fighting illicit narcotics trafficking and controlling the flow of illegal migrants to the US.

Belize is part of the International Criminal Court

The Rome Statute, which was created by the ICC, defines the crimes under the Court's jurisdiction and provides the general principles and procedures for the Court's operation. It also outlines the cooperation obligations of its State Parties. As of February 2024, there are 124 countries that are States Parties to the Rome Statute, with 28 of these being Latin American and Caribbean States.

Belize has ratified several amendments to the Rome Statute, including the Kampala Amendment to Article 8 on war crimes and the crime of aggression, the Amendment to Article 124, and various amendments to Article 8 on war crimes. Additionally, Belize has ratified the Agreement on Privileges and Immunities of the Court (APIC) and signed a Bilateral Immunity Agreement with the USA.

While Belize has adopted full implementing legislation regarding the crime of genocide through the Genocide Act of 2000, there are no domestic provisions concerning cooperation with the ICC or references to the general principles under the Rome Statute.

Belize has an unresolved territorial dispute with Guatemala

In the 1800s, the Spanish Empire was losing its grip on Central America and, in 1821, Guatemala gained independence. Guatemala, along with other Central American states, claimed they had inherited Spain's sovereign rights in the area. Since then, Guatemala has claimed, in whole or in part, the territory of Belize.

In 1859, Britain and Guatemala negotiated the Wyke-Aycinena Treaty, which stated that Guatemala recognised British sovereignty over the region and formed the boundary lines of Belize. However, in the 1930s, Guatemala renewed its claims on the area, stating that the broken promise of a road was justification for the 1859 treaty to be void.

In the years that followed, Britain stationed troops in Belize to secure the region against Guatemalan invasion and negotiations took place to try to resolve the dispute. Belize gained independence in 1981, and Guatemala recognised this independence in the early 1990s. However, in 1999, Guatemala shifted its stance back to inheriting claims from the Spanish Empire and the Federal Republic of Central America.

In 2008, Belize and Guatemala agreed to hold simultaneous referendums to send the issue to the International Court of Justice. The referendums passed in both countries by May 2019. As of June 2022, both countries are now settling the dispute at the International Court of Justice, with both countries having submitted their initial briefs to the organisation. The court is not expected to rule until 2025 at the earliest.

Belize has an extradition treaty with Paraguay

Belize has entered into several treaties regarding justice and extradition. Notably, on March 30, 2000, Belize signed an extradition treaty with the United States, which aimed to strengthen cooperation between the two countries in combating organized crime, transnational terrorism, and international drug trafficking. This treaty is similar to eight other extradition treaties between the United States and Caribbean countries approved by the Senate in 1998.

In addition to its extradition treaty with the United States, Belize has also established extradition treaties with other countries, including Paraguay. The Extradition Treaty between the United States of America and the Republic of Paraguay was signed on November 9, 1998, in Washington. This treaty includes a provision prohibiting the extradition of individuals to the International Criminal Court without the consent of the United States.

The extradition treaty between Belize and the United States provides for direct consultation between the United States Department of Justice and the Attorney General's Chambers in Belize regarding individual extradition cases or general extradition procedures. Additionally, the treaty is retroactive, covering offenses that occurred before it entered into force, as long as they were considered offenses under the laws of both countries at the time of their commission.

While the specific details of the extradition treaty between Belize and Paraguay may differ, it is reasonable to assume that it shares similar provisions and objectives to those outlined in the treaty between Belize and the United States. The treaty between Belize and Paraguay likely establishes a framework for cooperation between the two countries in combating transnational crimes and facilitating the extradition process.

In conclusion, Belize's extradition treaty with Paraguay reflects its commitment to international cooperation in addressing criminal matters. By establishing clear procedures and legal frameworks, this treaty enhances the ability of law enforcement agencies in both countries to collaborate effectively, contributing to a safer and more secure global community.

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