Guyana submits final legal brief to ICJ in boundary case with Venezuela

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Guyana has submitted its final written arguments to the International Court of Justice (ICJ) in its ongoing boundary case with Venezuela, the Ministry of Foreign Affairs and International Cooperation announced on December 9.

The case centers on the 1899 Arbitral Award, which legally determined the boundary between the two countries. Venezuela, after accepting the boundary for decades, declared the award null and void in 1962 and has since claimed over two-thirds of Guyanaā€™s territory in the Essequibo region. Guyana initiated legal proceedings at the ICJ in 2018, following UN Secretary General AntĆ³nio Guterresā€™ determination that judicial settlement was the best path forward. The ICJ subsequently ruled it had jurisdiction over the case in 2020, rejecting Venezuelaā€™s objections.

In its latest submission, titled ā€œGuyanaā€™s Reply to Venezuelaā€™s Counter-Memorial,ā€ the government addressed Venezuelaā€™s legal arguments, stating, ā€œVenezuelaā€™s challenges to the Arbitral Award and the international boundary are entirely without merit.ā€ It emphasized confidence that the ICJ would uphold the validity and binding nature of the 1899 Arbitral Award.

Guyanaā€™s Ambassador in Brussels, Sasenarine Singh, personally delivered the document to the ICJ Registrar. This submission marks the final written phase for Guyana before the court proceedings advance.

The ICJ is expected to deliver a ruling on the matter, which Guyana hopes will ā€œfinally and legallyā€ confirm the boundary established by the 1899 Arbitral Award.

Even after the Court ruled that the case is admissible and that it has jurisdiction, Venezuela has often said that it does not accept the Courtā€™s jurisdiction. However, it has participated in the case at every turn. Guyana has consistently pledged to abide by the Courtā€™s Judgement.

The Court had last issued provisional measures in December 2023, forbidding Venezuela from actions that would compromise Guyanaā€™s administration and control of the Essequibo territory, pending the outcome of the case. Despite this, Venezuela President Nicolas Maduro signed the ā€˜Organic Law for the Defense of Guayana Esequibaā€™ on April 3, 2024. The new law purports to incorporate Guyanaā€™s Essequibo region into Venezuela. Guyana has put the international community on notice.

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