ICJ shifts case management for border controversy matter to Jan. 25   

The International Court of Justice (ICJ) has deferred the Case Management Conference (CMC) for the 1899 Arbitral Award Case – Guyana-v-Venezuela to Monday, January 25, 2021, Village Voice News has been reliably informed.

In late December, Guyana’s Agent, Carl B. Greenidge had disclosed that the Case Management Conference was set for Friday, January 15, 2021, however, it has since been deferred.

By a 12-4 majority, the ICJ, on December 18, 2020, ruled that it had jurisdiction to determine the validity of the 1899 Arbitral Award, in keeping with a recommendation by the United Nations (UN) Secretary-General António Guterres.

Though it opted not to participate in the case, the Spanish speaking country, had submitted that the ICJ had no jurisdiction to hear the matter, but the Court, in agreeing with the arguments put by Guyana, ruled that that the 1966 Geneva Agreement laid the foundation for judicial settlement.

“…By virtue of Article IV, paragraph 2, of the Geneva Agreement, the parties [Guyana and Venezuela] accepted the possibility of the controversy being resolved by means of judicial settlement,” President of the ICJ, Judge Abdulqawi Ahmed Yusuf said as he handed down the judgement at the Peace Palace in The Hague.

The 1899 Arbitral Award legally established the location of the land boundary between then British Guiana and Venezuela. However, Venezuela, after more than 60 years of the issuance of the award, contended that it was null and void but Guyana has long maintained that the award was a full, perfect and final settlement and therefore remains valid to this day.

Less than one month after the ruling, Venezuela’s President Nicolas Maduro, on January 7, issued a decree claiming exclusive sovereign rights in the waters and seabed adjacent to Guyana’s coast, west of the Essequibo River, and at the same time, sought to disregard of the decision of the world court.

But the move by the Venezuela has since been met with objection and rejection from Guyana, which maintains the support of the regional and international communities.

Since the “decree” was issued, the Caribbean Community (CARICOM), Canada, the United States of America (USA), the Organisation of American States (OAS) and the Commonwealth have condemned what has since been described an as of aggression by Venezuela. They have advocated for the process currently before the ICJ to be respected, noting that it would only pave way for a peaceful resolution of controversy, which has spanned for decades.

The most recent statement came on Thursday, January 14, from the Commonwealth Secretary-General, the Rt. Hon. Patricia Scotland.

In the statement, the Secretary-General reiterated the “Commonwealth’s unequivocal support for the maintenance and safeguarding of Guyana’s sovereignty and territorial integrity”.

At the 2018 Commonwealth Heads of Government Meeting, Commonwealth Heads expressed their full support for the International Court of Justice as the means to be used for the settlement of the controversy between Guyana and Venezuela.

“The entire Commonwealth family stands in solidarity with the people and Government of the Cooperative Republic of Guyana and in support of a legally binding and peaceful resolution of this controversy,” the Commonwealth Secretary-General made clear.