THE HAGUE: Guyana has approached the International Court of Justice (ICJ) with a request for provisional measures concerning the Arbitral Award dated October 3, 1899, in the ongoing dispute with Venezuela. The impetus for this request stems from Venezuela’s recent announcement regarding upcoming elections in the Essequibo region, which is claimed by Guyana.
Guyana’s action is grounded in Article 41 of the Court’s Statute and Articles 73, 74, and 76 of its Rules. Guyana argued that the planned elections, set for May 25, 2025, along with any preparatory activities in the contested area, would infringe upon its sovereignty, territorial integrity, and political independence, as well as contravene the Court’s provisional measures order issued on December 1, 2023.
Furthermore, Guyana asserted that Venezuela’s electoral actions in the disputed territory could lead to irreparable harm, emphasizing the urgent need for provisional measures.
In light of these concerns, Guyana sought specific provisional measures from the Court. It requested that Venezuela refrain from conducting any elections or related activities within the territory defined by the 1899 Arbitral Award. This included prohibiting the extension of voting rights to individuals in that area, distributing electoral materials, supporting candidates, establishing polling or counting stations, and communicating with residents regarding the elections.
Guyana also asked the Court to specify certain provisional measures. Firstly, it requested that Venezuela be ordered to abstain from any actions that would attempt to annex, either legally or practically, any territory on Guyana’s side of the boundary line set by the 1899 Arbitral Award, which includes the incorporation of ‘Guayana Esequiba’ into Venezuela. Secondly, Guyana sought assurance that Venezuela will not engage in any activities aimed at altering the current status of the disputed territory, where Guyana maintains administration and control.
Guyana stated that these measures aimed to safeguard its territorial claims and prevent any actions that could exacerbate the ongoing dispute.
The proceedings began on 29 March 2018 when Guyana initiated a case against Venezuela, focusing on the legitimacy and binding nature of the 1899 Arbitral Award concerning the boundary between British Guiana and Venezuela.
To establish the Court’s jurisdiction, Guyana referenced Article IV, paragraph 2, of the 1966 Agreement aimed at resolving the territorial dispute between Venezuela and the United Kingdom, along with a decision made by the UN Secretary-General on January 30, 2018, which designated the Court as the appropriate forum for this matter.
On June 18, 2018, Venezuela communicated to the Court its belief that it lacked jurisdiction over the case and opted not to participate in the proceedings, prompting the Court to first consider its own jurisdiction.
Ultimately, in a Judgment issued on December 18, 2020, the Court affirmed its jurisdiction to hear Guyana’s Application, specifically regarding the validity of the 1899 Arbitral Award and the broader issue of resolving the land boundary dispute between the two nations.
– global bihari bureau
