Territorial jurisdiction

Honduras

Honduras - Constitution 1982 (2013) EN

Title I: The State
Chapter II: The Territory

Article 9
The territory of Honduras is situated between the Pacific and Atlantic Oceans and
the Republics of Guatemala, El Salvador, and Nicaragua. Its boundaries with these
republics are:
1. With the Republic of Guatemala, those established by the arbitral award
issued in Washington, D.C., United States of America, on January 23, 1933.
2. With the Republic of Nicaragua, those established by the Mixed
Honduran-Nicaraguan Boundary Commission, in 1900 and 1901, according
to the description of the first section of the dividing line, contained in the
second act of June 12, 1900, and in later acts, to Portillo de Teotecacinte,
and from that place to the Atlantic Ocean, in accordance with the arbitral
award handed down by His Majesty the King of Spain, Alfonso XIII, on
December 23, 1906, and declared valid by the International Court of
Justice on November 18, 1960.
3. With the Republic of El Salvador, those established in Articles 16 and 17 of
the General Peace Treaty signed in Lima, Peru, on October 30, 1980, whose
instruments of ratification were exchanged in Tegucigalpa, Central District,
Honduras, on December 10, 1980. In the sections pending delimitation the
provisions of the pertinent articles of the above-mentioned Treaty shall be
applied.

Article 10
The territories located on the mainland within its territorial limits, its inland waters
and its islands, islets, and the cays in the Gulf of Fonseca which historically,
geographically, and legally correspond to it belong to Honduras. So are the Bay
Islands, the Swan Islands, also known as Santanilla or Santillana, Viciosas,
Misteriosas; and the cays Zapotillos, Cochinos, Vivorillos, Seal or Foca (or Becerro),
Caratasca, Cajones, or Hobbies, Mayores de Cabo Falso, Cocrocuma, Palo de
Campeche, Los Bajos, Pichones, Media Luna, Gorda and Los Bancos Salmedina,
Providencia, De Coral, Cabo Falso, Rosalinda and Serranilla, and all others located in
the Atlantic that historically, geographically and legally belong to it.
The Gulf of Fonseca may be subjected to a special regime.

Article 11
The following also belong to the State of Honduras.
1. The territorial sea to a distance of twelve nautical miles, measured from the
baseline of the lowest tide along the entire coast;
2. The zone contiguous to its territorial sea, which extends up to twenty-four
nautical miles, measured from the baseline from which the breadth of the
territorial sea is measured;
3. The exclusive economic zone, which extends up to a distance of two
hundred nautical miles, measured from the baseline from which the
breadth of the territorial sea is measured;
4. The continental shelf, which includes the bed and the subsoil of the
submarine platform, which extends beyond its territorial sea and along the
entire length of the natural extension of its territory to the outer limits of
its continental border, or instead to a distance of two hundred nautical
miles from the baseline from which the breadth of the territorial sea is
measured in those cases in which the outer limits of the continental border
does not reach that distance; and
5. Concerning the Pacific Ocean, the previous measures shall be taken from
the line of the closure of the mouth of the Gulf of Fonseca, out to the high
seas.

Article 12
The State exercises sovereignty and jurisdiction over the air space, and the subsoil of its continental and insular territory, its territorial sea, its contiguous zone, its
exclusive economic zone, and its continental shelf.
This declaration of sovereignty does not ignore similar legitimate rights of other
states on a basis of reciprocity, and it neither affects the rights of free navigation of
all nations, in accordance with international law, nor compliance with those treaties
or conventions ratified by the Republic.

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;