AG says ahead of ICJ’s Friday ruling on Guyana’s request for provisional measures

By Clestine Juan
WITH the International Court of Justice (ICJ) scheduled to hand down its ruling on Friday regarding Guyana’s request for provisional measures to prevent any action by Venezuela that would result in the annexation of Guyana’s territory, Attorney-General and Minister of Legal Affairs Anil Nandlall, S.C., has expressed confidence that “justice will prevail”.
In an exclusive interview with the Guyana Chronicle on Tuesday, Nandlall said that the decision to approach the ICJ for interim measures was not taken lightly, but was the result of careful consideration and legal advice from a distinguished team of international lawyers.
He pointed out that the legal guidance received indicated “a compelling case” for securing the sought-after orders.
“The Government of Guyana remains optimistic that the Rule of Law and justice will prevail. We are confident that appropriate orders will be made that will not only protect our territorial sovereignty, but will also protect the integrity of the legal proceedings, which will continue to remain pending in the court even after this ruling Friday,” Nandlall told this newspaper.

The Attorney-General highlighted that the ICJ has a duty to safeguard the integrity and sanctity of proceedings pending before it.
He expressed confidence that the court would not allow actions that could undermine its own process, especially concerning a party involved in an ongoing litigation.
“It is inconceivable that the court will stand idly by and allow a party to litigation which is pending before the court to take steps that will not only affect the pending litigation, but will undermine the court’s own process,” Nandlall said.
The Attorney-General, who is currently in Aruba attending the Caribbean Financial Action Task Force conference, appealed to citizens to remain optimistic, calm, and not to panic.
He reaffirmed the importance of avoiding irresponsible actions that could be detrimental to national interests, regardless of the ruling.
“Whatever the ruling may be, it will not bring [to an end] the controversy, and therefore the government will continue to resolutely do all things possible to ensure our territorial integrity is guarded, and our people are safe.

“This remains of our government’s unwavering commitment until this matter is put to rest,” Nandlall assured the nation.
The ICJ, situated at the Peace Palace in The Hague, in The Netherlands, issued notices on Tuesday morning indicating that Justice Joan E. Donoghue, the President of the ICJ, will announce the orders during a public hearing.

The genesis of the border controversy goes back to the 1899 Arbitral Award, a landmark decision that delineated the land boundary between the then British Guiana (now Guyana) and Venezuela.

Despite the historic arbitration, tensions have persisted, with Venezuela repeatedly challenging the validity of the award.
In 2018, Guyana took a decisive step by approaching the International Court of Justice (ICJ) seeking affirmation of the award’s legitimacy.
Venezuela, taking a defiant stance, initially claimed that the ICJ lacked jurisdiction, a contention flatly rejected by the World Court in a crucial ruling in December 2020. The door was thus opened for the ICJ to delve into the substantive case’s merits.
Recent developments have heightened the geopolitical situation, as Venezuela, through its National Electoral Council, unveiled plans for a “Consultative Referendum” on December 3.
Guyana contends that this move is a thinly veiled attempt by Venezuela to gather support for abandoning the ongoing ICJ proceedings, and unilaterally assert control over the Essequibo region.

Venezuela’s Vice-President Delcy Rodriguez has expressed her nation’s complete disregard for the ICJ’s authority in addressing the border controversy.
The substantive case, which highlights the historical context and the 1899 Arbitral Award, remains before the World Court.