7 News Belize

So, What If Guatemala Refuses To Accept An ICJ Decision?
posted (October 19, 2018)
But what if it is settled and, let's say, Belize wins, but then, the Guatemalans still don't honour the judgement? We asked the Professor about that possibility:..

Carlos Bernal, Professor of International Law - ITAM
"The court has a judgement and it has no appeal. It's final. It's totally binding and totally no appeal and therefore both countries will be oblige by the judgement."

Reporter
"Obliged, but what happens on the ground? They may be obliged internationally, but the court cannot jail a sovereign nation. Lock up the president or the prime minister. So then how is this enforced and actualized?"

Carlos Bernal, Professor of International Law - ITAM
"You said it perfectly well. The International Court of Justice has no authority, has no mandate, has no police. So if one of the countries does not comply with the judgement, it has no way to enforced it otherwise."

Reporter
"What's the point of going to the court then?"

Carlos Bernal, Professor of International Law - ITAM
"Its very important I think to settle the issue. Because the worst that can happen is to live all your life with a dispute on your back. So I think the court will be the absolutely perfect forum, the perfect seat, the perfect place for both countries to settle the matter."

Reporter
"If Belize were to have a clear victory in the ICJ, wouldn't then we be able to appeal to some body of the United Nations to say that these people....?"

Carlos Bernal, Professor of International Law - ITAM
"The charter says you have a recourse to Security Council. You can go and complained, Guatemala has not comply with the judgement. Also the Security Council can condemn the attitude of the non-complying state, asking them to settle to comply with the judgement and that's it."

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize