Foreign Relations of the United States, 1969–1976, Volume E–11, Part 1, Documents on Mexico; Central America; and the Caribbean, 1973–1976

203. Telegram 5067 From the Embassy in Guatemala to the Department of State¹

Guatemala City, September 18, 1975, 0045Z.

5067. Subject: Guatemala Willing Take Belize Dispute to ICJ. Ref: Guatemala 4436.

Summary. FonMin told Ambassador Guatemala willing submit Belize dispute to binding decision of ICJ provided UK willing to do so on basis both law and equity. FonMin insisted Guatemala willing despite slim prospects for decision in Guatemala’s favor, but he doubted whether UK willing take matter to court, particularly if decision to be based on equity. FonMin also asked whether there any chance of U.S. mediation. Ambassador seeing President Laugerud Friday morning Sept 19.

1. Ambassador saw FonMin off to attend UNGA at airport morning Sept 17. Ambassador noted that previous afternoon Molina had told meeting of Foreign Chiefs of Mission (septel) that Guatemala prepared take case to ICJ, and he wondered whether Guatemala willing accept mandatory jurisdiction of court. Molina said it was (Ambassador repeated question second time to be sure of answer), even though there was not much hope that court’s decision will favor Guatemala. Only condition would be that UK agree that decision would be based on equity (ex aequo et bono) as well as law. Unfortunately FonMin thought UK unenthusiastic about taking dispute to ICJ and particularly about admitting equity as basis.

2. Molina said GOG’s greatest problem is provision in Guatemalan Constitution (Article 1 of quote transitory unquote provisions) that Belize is part of Guatemala and quote executive must undertake all steps that would tend to settle its position unquote. GOG believed that referral to ICJ would be such a step and would get GOG off hook of stalemated negotiations. Constitution could be modified, or transitory provision could be considered fulfilled, as result of ICJ decision or, Molina added, as result formal mediation. He asked whether U.S. would consider complying with a request to mediate.

3. Ambassador said long-standing U.S. position was not to get involved in this dispute. But if U.S. were some day to consider mediation, he thought it important for GOG to bear in mind that mediation would not necessarily favor Guatemala. Any mediator would have to be strictly impartial. Molina said GOG of course understood and accepted that. Ambassador said that with regard to our efforts to remain impartial and uninvolved, we were disturbed by some indications that had come to us recently on the military side. For example, with regard to the GOG request for C–47s, as friends, we did not wish to give Guatemala a negative reply but so long as uncertainty of GOG intentions toward Belize persists GOG should not expect a response. The USG could not release the planes to Guatemala as long as there was any possibility that they might be used against Belize. Molina smiled and said he would not expect us to do so.

4. Ambassador said he was under instructions to seek an early appointment with President Laugerud to review the matter of Belize, and before boarding plane Molina instructed Vice Minister Obiols to arrange appointment. Obiols called Ambassador later to say President would be pleased to receive him at eleven am Friday Sept 19.

Meloy

1. Summary: Foreign Minister Molina told Ambassador Meloy that the Guatemalan Government was willing to submit the Belize dispute to the International Court of Justice for a binding decision, despite his belief that Guatemala had little hope for a favorable ruling. When Molina asked if the United States Government would consider mediating, Meloy responded that such mediation might not favor Guatemala, and that the U.S. sought to remain impartial and uninvolved in the dispute.

   Source: National Archives, RG 59, Central Foreign Policy File, D750322–1116. Confidential; Priority. Repeated to Belize City, USUN, London, Mexico City, and USCINCSO. Telegram 4436 from Guatemala City is dated August 20. (Ibid., D750288–0449) Meloy’s September 19 meeting with Laugerud is Document 204. In telegram 14513 from London, September 19, the Embassy reported that the British had indicated they would not be willing to submit the dispute to ICJ adjudication. When asked how far the United States was willing to go to prevent hostilities, the Embassy replied that the U.S. was “prepared to use all diplomatic means to prevent the use of force.” (National Archives, RG 59, Central Foreign Policy File, D750325–0790)