Belize's Border: A Dash Of History

The border between Belize and Guatemala is dashed because it is disputed. The dispute stems from a series of treaties and conventions signed between Britain and Spain, and later between the United Kingdom, on behalf of British Honduras (now Belize), and independent Guatemala. The border, which is an almost straight line 266km long, is based on the Wyke-Aycinena Treaty of 1859, which was negotiated between Britain and Guatemala. Guatemala recognised British sovereignty over the region and formed the modern-day boundary lines of Belize. However, Guatemala later renewed its claims on the area, arguing that Britain had failed to comply with economic assistance provisions in the treaty.

The 1859 Wyke-Aycinena Treaty

The treaty was seen very differently by the British and Guatemalans. The British viewed it as a simple boundary agreement, defining the limits of previously held territory. However, Guatemala held that it was a "disguised cession" of territory, possibly violating the Clayton-Bulwer Treaty of 1850, and that the road was compensation for this. This disagreement over the interpretation of the treaty and its implications for British rights in Belize continued into the late 20th century.

An Additional Convention in 1863 attempted to clarify Article 7, but lapsed because Guatemala failed to ratify it. In 1871, Guatemala experienced a Liberal revolution and in 1884, cast doubts on Britain's compliance with the 1859 treaty. Guatemala never officially declared the treaty void, but tensions flared up intermittently throughout the 20th century. In 1931, notes were exchanged between Guatemala and the UK, confirming concrete markers implementing parts of the 1859 border lines, showing that the treaty was initially upheld by both parties. Less than 10 years later, Guatemala renewed its claims on the area, using the broken promise of the road as justification for the treaty to be void.

In 1999, Guatemala shifted its stance back to inheriting claims from the Spanish Empire and the Federal Republic of Central America, reasserting its claim to Belize. Guatemala and Belize stationed troops at the border, with a one-kilometre "adjacency zone" drawn on either side of the 1859 treaty borders. In 2008, both countries made a pact to have simultaneous referendums for their voters to send the issue to the International Court of Justice. The referendums passed in both countries by May 2019, and as of June 2022, both countries are settling the dispute at the International Court of Justice.

Guatemala's claims to Belizean territory have varied

The border dispute between Belize and Guatemala has a long history, dating back to the 17th century when Britain and Spain signed several treaties regarding territories in the Americas. The root of Guatemala's claim to Belizean territory stems from a pre-independence convention in 1786, which places a vague historic boundary in the Sibun River, north of the current border. Guatemala's claims have varied over time, and the dispute has been ongoing since Guatemala gained independence in the 19th century.

In the late 1600s and throughout the 1700s, Britain and Spain agreed that the territory of modern-day Belize was under Spanish sovereignty, but British settlers could use the land for specific purposes and in certain areas. The British settlers, however, expanded far beyond the agreed-upon boundaries. After the fall of the Spanish Empire, Guatemala asserted that it had inherited Spain's sovereign rights over the territory. Since then, Guatemala has claimed, in whole or in part, the territory of Belize.

In 1859, the Wyke-Aycinena Treaty was negotiated between Guatemala and Britain, recognising British sovereignty over the region and forming the modern-day boundary lines of Belize. This treaty also included an article about constructing a mutually beneficial road, which was never built. Guatemala later renewed its claims on the area, arguing that the unbuilt road nullified the treaty.

In the 20th century, tensions flared up intermittently, with Britain stationing troops in Belize to protect against Guatemalan invasion. In 1931, an exchange of notes between the UK and Guatemala reaffirmed the 1859 border, and concrete monument markers were constructed. However, negotiations over the years failed to resolve the dispute.

In 1981, Belize gained independence without reaching an agreement with Guatemala. Guatemala recognised Belize's independence in the early 1990s but later shifted its stance back to inheriting historical claims over the territory. In 1999, Guatemala reasserted its claim, arguing that it had inherited Spain's 18th-century claims and was owed more than half of Belize's land mass, from the Sibun River south.

Currently, Guatemala seems to consider all of Belize as disputed territory. The border dispute has continued into the 21st century, with both countries agreeing in 2019 to refer the issue to the International Court of Justice for a final ruling.

The 1931 Exchange of Notes

The Exchange of Notes in 1931 demonstrated that both parties were upholding the 1859 treaty at this point. However, less than 10 years later, Guatemala renewed its claims on the area, arguing that the broken promise of a mutually beneficial road rendered the 1859 treaty void. This triggered decades of negotiations and a series of diplomatic crises, with Britain stationing troops in British Honduras to protect the region from Guatemalan invasion.

In the 1931 Exchange of Notes, both governments' commissioners met and constructed concrete monument markers for the border. One was constructed on Garbutt's Falls, and another on Gracias á Dios Falls. The Guatemalan Ministry For Foreign Affairs accepted that these markers were built and defined "part of the boundary line".

In 1934, the United Kingdom declared its intention to build a road from Belize City to the edge of Petén, where Guatemala would continue construction to its capital. However, Guatemala did not agree to this compromise. Instead, they requested half of the expense of the road (£50,000) as stipulated in the 1859 treaty, with interest accruing since. Britain countered in August 1936 with half the original 1859 price but without interest and with recognition of the 1859 border, which Guatemala did not accept.

Guatemala recognised Belize's independence in the 1990s

The border between Belize and Guatemala is marked by a dashed line on Google Maps, indicating a territorial dispute between the two countries. This dispute dates back to the 17th century when Britain and Spain signed treaties regarding territories in the Americas, with both nations agreeing that modern-day Belize was under Spanish sovereignty, yet British settlers could use the land. After the fall of the Spanish Empire, Guatemala claimed it inherited Spain's sovereign rights over the territory. This led to tensions between Guatemala and British Honduras (now Belize) throughout the 20th century, with Guatemala periodically renewing its claims and Britain stationing troops to secure the region.

Belize gained independence in 1981, but the dispute remained unresolved. Guatemala recognised Belize's independence in the early 1990s, specifically in 1991, and diplomatic relations were established. However, Guatemala continued to assert its territorial claim, arguing that it inherited sovereignty from the Spanish and Federal Republic of Central America. In 1999, tensions rose again as Guatemala shifted its stance back to inheriting claims from the Spanish Empire. This led to both countries stationing troops at the border and agreeing to referendums to send the issue to the International Court of Justice.

The dispute has since been ongoing, with both countries submitting their initial briefs to the International Court of Justice as of June 2022. While a ruling is not expected until 2025 at the earliest, it is believed that the court will likely rule in Belize's favour due to the long-standing recognition of Belize's boundaries by the international community.

The International Court of Justice

The territorial dispute between Belize (formerly British Honduras) and Guatemala dates back to the late 1600s and centres around conflicting interpretations of various treaties signed between Britain and Spain regarding territories in the Americas. While both nations agreed that modern-day Belize was under Spanish sovereignty, British settlers were allowed to use the land for specific purposes and often expanded beyond the agreed-upon boundaries. After the fall of the Spanish Empire, Guatemala claimed it inherited Spain's sovereign rights over the territory. This claim was reinforced by a series of treaties and negotiations between Guatemala and Britain in the 19th and 20th centuries, including the Wyke-Aycinena Treaty of 1859, which established the modern-day boundary lines of Belize.

The dispute flared up again in the late 20th century, with Guatemala arguing that the 1859 treaty was void due to Britain's failure to comply with economic assistance provisions. In 1991, Guatemala officially recognised Belize's independence, and diplomatic relations were established. However, in 1999, Guatemala shifted its stance back to inheriting claims from the Spanish Empire, asserting that it was owed more than half of Belize's land mass. This led to a tense standoff at the border, with both countries stationing troops and establishing an adjacency zone along the treaty border.

To resolve the dispute, Belize and Guatemala agreed to hold simultaneous referendums in 2018 and 2019, respectively, to decide whether to send the issue to the ICJ. The referendums passed in both countries, with voters supporting the idea of letting the ICJ make a definitive ruling.

The ICJ is the primary judicial organ of the United Nations and has the power to settle legal disputes between states. It is composed of 15 judges elected by the UN General Assembly and the UN Security Council. The Court's rulings are final and binding, and its primary function is to interpret and apply international law to resolve disputes. In the case of the Belize-Guatemala dispute, the ICJ will consider the relevant treaties, historical context, and the arguments presented by both countries before making a decision.

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