ICJ REJECTS EL SALVADOR'S APPLICATION FOR REVISION

UNCLAS TEGUCIGALPA 002952

SIPDIS

STATE FOR WHA, WHA/CEN, WHA/PPC, AND L

E.O. 12958: N/A
TAGS: PBTS KTIA PREL PGOV ES HO
SUBJECT: ICJ REJECTS EL SALVADOR'S APPLICATION FOR REVISION
ON BORDER DEMARCATION WITH HONDURAS

REF: A. TEGUCIGALPA 2221

B. TEGUCIGALPA 2757 (ALL NOTAL)


1. On December 18, the International Court of Justice (ICJ)
in The Hague, by a vote of 4-1, rejected El Salvador's
September 10, 2002 application for revision of the Court's
original 1992 decision demarcating the land and maritime
border between El Salvador and Honduras as "inadmissible."
The ICJ's latest judgment is final, without appeal, and
binding on both parties. At issue were 74 square kilometers
lying between Los Amates and the Gulf of Fonseca in a region
known as Goascoran.


2. El Salvador's application for revision was based on the
Government of El Salvador's (GOES) assertion that, under
Article 61 of the Statute of the Court, El Salvador had
"discovered" new facts of a decisive nature that were unknown
to the Court and the GOES when the original judgment was
rendered. In its finding, the Court determined that El
Salvador's newly presented evidence did not meet the
"decisive factor" threshold, and thus could not be considered.


3. The ICJ's decision, while expected (ref A),was met with
jubilation and exhilaration in Honduras. In remarks to the
Honduran press, President Maduro characterized the Court's
decision as "historic", marking a momentous day in Honduran
history. For others at the MFA, yesterday's ICJ decision
marks the end of some 50 years of working to resolve
Honduras' border dispute with El Salvador. The Government of
Honduras (GOH) has been anxious to move forward on border
demarcation with El Salvador (ref B),and the ICJ's latest
decision removes the final legal obstacle delaying El
Salvador's compliance with the original ICJ decision. The
GOH now looks forward to moving expeditiously on completing
the border demarcation process.


4. During that same evening, Ambassador attended a ceremony
hosted by President Maduro to mark the ICJ's decision. Among
those present was the El Salvadoran Ambassador to Honduras.
Palmer