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By Mark DaCosta- On May 4, the International Court of Justice (ICJ), during a session regarding the long-standing border dispute between Guyana and Venezuela, revisited issues surrounding the 1899 Arbitral Award, which demarcated the boundary granting the Essequibo Region to Guyana.
The matter was taken to the ICJ in 2018 by the A Partnership for National Unity + Alliance For Change (APNU+AFC) government under former President David Granger, after the United Nations Secretary-General referred the controversy to the court for final judicial settlement under the 1966 Geneva Agreement.
The court hearing, marked by a series of presentations from Guyanese officials and legal experts, aimed to counter Venezuela’s challenges to the legitimacy of the treaty and arbitration process.
In the latest arguments, Guyana’s representatives firmly dismissed Venezuela’s assertions that there were procedural irregularities surrounding the crafting of the 1897 Treaty with Britain. Guyanese lawyer Paul Reichler asserted that Venezuela lacks any credible justification to undermine the validity of both the 1897 Treaty and the resulting 1899 arbitration ruling. With a lack of substantial evidence to back its claims, Venezuela’s historical compliance with the ruling was highlighted as the crux of Guyana’s position.
Reichler emphasised that Venezuela accepted the arbitral award for over six decades before newly contesting its validity in the early 1960s, pointing out that the Venezuelans had consistently upheld the treaty as valid throughout that period.
“Venezuela cannot come up with any basis, any legitimate basis whatsoever, for invalidating the 1897 treaty, or for invalidating the 1899 arbitral award.”
His remarks were reinforced by significant historical data, including correspondence among the involved nations, which presented a clear narrative contradicting Caracas’s claims of collusion and coercion.
During the session, Guyana maintained that neither Spain nor Venezuela ever effectively governed the Essequibo Region, emphasising that Dutch settlers were the first Europeans to inhabit the area, reflecting the region’s diverse heritage stemming from both African and Asian roots.
Maps presented by Guyana’s Agent to the ICJ, Carl Greenidge, illustrated the historical presence of Dutch settlements, further asserting that Venezuela’s territorial claims do not hold merit based on historical governance.
In light of Venezuela’s claims of coercion in agreeing to the 1897 Treaty, Reichler countered, stating that such arguments derived from modern legal frameworks could not retroactively invalidate agreements formed over a century ago. He clarified that there was never any indication of fraudulent intent behind the negotiation of the treaty, maintaining that Venezuela had ample opportunity to include its interests during the arbitration process.
Additionally, Guyana’s representatives condemned Venezuela’s claims as “groundless,” particularly its assertion that the treaty was negotiated without proper representation of its interests. Reichler highlighted that evidence from the period illustrates Venezuela had ample involvement throughout the treaty drafting phase.
“The evidence you have now seen from the contemporaneous documentary record thoroughly defeats Venezuela’s challenge,” he noted, providing further assurance to the panel of judges about the legitimacy of the historical agreements.
Professor Nilufer Oral, a prominent international law academic, reinforced Guyana’s position by presenting compelling arguments regarding the legal implications of Venezuela’s delay in objecting. She pointed out that by failing to contest the treaty for over six decades, Venezuela is now barred from challenging it on the grounds of res judicata. This highlights a critical flaw in their more recent claims, suggesting that these assertions may be more politically motivated rather than grounded in legal fact.
In light of the court’s proceedings, Foreign Minister Hugh Todd expressed hope that Venezuela will respect whatever decision the ICJ delivers. In a forward-looking statement, he reiterated Guyana’s commitment to abide by the court’s ruling, invoking international law principles encapsulated in the United Nations Charter.
Yet, the ongoing tensions indicate a reluctance from Venezuela to fully acknowledge the legitimacy of the ICJ’s authority.
The hearings have starkly underscored the lengths Guyana has gone to adhere to established legal frameworks while Venezuela appears caught in a web of historical inconsistency. With the rulings of 2020 and 2023 reinforcing Guyana’s legal standing, observers continue to monitor Venezuela’s intentions moving forward.
Legal experts emphasised that without proper legal grounds, Venezuela’s current stance only serves to further destabilise an already fraught relationship between the two neighbouring states.
