ICJ grants Guyana’s request for provisional measures

THE International Court of Justice (ICJ) on Friday granted Guyana provisional measures to prevent any action by Venezuela that could lead to the annexation of Guyana’s territory.

The decision was handed down by the President of the ICJ, Justice Joan E. Donoghue, at the Peace Palace in The Hague, the Netherlands.

The court ordered that pending the decision of the substantive case, Venezuela shall refrain from taking any action that would modify the situation that currently prevails with territory in dispute, whereby Guyana administers and exercises control over the Essequibo.

As an additional measure, the court also ordered that “both parties refrain from any action which might aggravate or extend dispute before the Court or make it more difficult to resolve.”

The urgency surrounding this ruling stems from Venezuela’s scheduled referendum on December 3, prompting Guyana to seek protective measures to safeguard its sovereignty in the Essequibo region.

The gravity of the situation is underlined by the potential harm posed by Venezuela’s actions, as outlined in the referendum, which includes rejecting the 1899 Arbitral Award, challenging the ICJ’s jurisdiction, and formally annexing the Essequibo Region.

The referendum also seeks to give Venezuelan citizenship and national identity cards to the Guyanese population, and to develop the territory as part of Venezuela, “Guayana Esequiba.”

Venezuela’s Vice-President, Delcy Rodriguez, during the oral hearing at the court, expressed her nation’s complete disregard for the ICJ’s authority in addressing the border controversy.

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

Despite historical arbitration, tensions persisted, leading Guyana to approach the ICJ in 2018, seeking affirmation of the award’s legitimacy.

The ICJ’s provisional measures are binding on the parties involved. Under the UN Charter, all states are solemnly bound to comply with the court’s orders, which can be enforced by the UN Security Council.

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