The ICJ press room today
THE HAGUE: The International Court of Justice (ICJ), in a binding order issued on May 2, 2025, has directed Venezuela to refrain from conducting or preparing elections in the territory disputed with Guyana, reinforcing provisional measures from its December 1, 2023, order. The ruling, prompted by Guyana’s March 6, 2025, request to modify the earlier measures, addresses heightened risks of Venezuela asserting control over the region, which Guyana administers, amid the ongoing case over the 1899 Arbitral Award’s validity.
The ICJ unanimously reaffirmed its 2023 measures, which mandate that Venezuela avoid actions altering the status quo in the territory Guyana controls and that both parties refrain from escalating the dispute. By a 12-3 vote, the Court added a new measure: “Pending a final decision in the case, the Bolivarian Republic of Venezuela shall refrain from conducting elections, or preparing to conduct elections, in the territory in dispute, which the Co-operative Republic of Guyana currently administers and over which it exercises control.” Voting in favour were President Iwasawa, Vice-President Sebutinde, Judges Tomka, Abraham, Yusuf, Brant, Gómez Robledo, Cleveland, Aurescu, Tladi, and Judges ad hoc Wolfrum and Couvreur; against were Judges Xue, Bhandari, and Nolte.
Guyana’s March 6, 2025, request, filed under Article 41 of the ICJ Statute and Articles 73, 74, and 76 of the Rules of Court, sought three provisional measures: (1) prohibiting Venezuela from conducting elections in the disputed territory, including extending voting rights, distributing electoral materials, supporting candidates, establishing polling stations, appointing officials, or communicating with residents about elections; (2) barring Venezuela from annexing the territory de jure or de facto, including incorporating “Guayana Esequiba”; and (3) preventing actions modifying the status quo. The Court recharacterized this as a request to modify its 2023 order, requiring a change in the situation under Article 76.
Since the 2023 order, the Court found a significant increase in the risk of Venezuela acquiring control, citing: a December 3, 2023, “Consultative Referendum”; six decrees signed by Venezuela’s President on December 8, 2023, creating a “Comprehensive Defense Zone,” appointing a “Sole Authority of the Guayana Esequiba,” authorizing oil and mineral concessions, incorporating the territory into Venezuela’s maps, declaring protected areas, and establishing a “High Commission for the Defense and Recovery of the Guayana Esequiba”; the National Assembly’s adoption on March 21, 2024, of the “Organic Law for the Defense of Guayana Esequiba,” effective April 3, 2024, which created the “Guayana Esequiba” state, vested Venezuela with governance prerogatives, mandated its inclusion in maps, and authorized measures against Guyana’s concessions; and announcements on January 7 and February 19, 2025, of elections for a governor, legislative council, and deputies in “Guayana Esequiba,” initially planned for April 27, 2025, then rescheduled to May 25, 2025.
The Court determined these actions—particularly the decrees, law, and election plans—constitute a “change in the situation” under Article 76, justifying modification. It found Guyana’s plausible sovereignty rights, affirmed in its 2020 and 2023 judgments, face a real and imminent risk of irreparable prejudice, with urgency due to Venezuela’s confirmed intent to incorporate the territory. The Security Council’s April 15, 2024, statement expressing concern over escalating tensions was noted.
Venezuela, in letters dated March 10 and 28, 2025, rejected the ICJ’s jurisdiction over the dispute and Guyana’s request, but the Court upheld its 2020 judgment establishing jurisdiction over the 1899 Award’s validity and the land boundary dispute, excluding post-1966 Geneva Agreement events. The case, initiated by Guyana on March 29, 2018, under Article IV, paragraph 2, of the 1966 Geneva Agreement, seeks to affirm the 1899 Award’s binding effect.
Judicial opinions included a joint dissent by Judges Xue, Bhandari, and Nolte, who agreed with the new measure’s content but argued the 2023 order sufficiently covered Guyana’s concerns, questioning the need for modification absent serious doubts about the original measures’ applicability. Judge Brant appended a declaration, while Judge ad hoc Wolfrum’s declaration emphasised that Venezuela’s “Organic Law” and election plans constitute a “new situation” under Article 76, prejudicing Guyana’s rights. Judge ad hoc Couvreur’s separate opinion clarified that the new measure, while substantively within the 2023 order, explicates its scope to prevent coercive acts like elections, but he opposed Guyana’s broader requests to preserve Venezuela’s domaine réservé.
The ICJ stressed that its orders under Article 41 are binding, creating legal obligations, and are without prejudice to Venezuela’s compliance with the 2023 order. The ruling aims to preserve the territorial status quo pending a final decision.
– global bihari bureau
