World Court hears of Venezuela’s sabre-rattling near border

Nov 15, 2023 News

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– as country threatens to seize Essequibo after Dec. 3 referendum

Kaieteur News – Lawyers representing Guyana at the International Court of Justice (ICJ) on Tuesday submitted evidence showing the increased military presence of Venezuelan soldiers at the border near Guyana as that neighbouring country moves towards voting in a referendum to seize the Essequibo Region.

Attorney-at-Law, Paul Reichler said that Guyana’s decision to seek provisional measures swiftly is necessary to block the referendum because of the implications for Guyana’s continued control of Essequibo. “Urgency is shown by the impending referendum to be held less than three weeks from now, which would be the trigger for the execution of Venezuela’s annexation plans and by the preparations of the national Bolivarian Armed Forces to secure Venezuela’s claim to the territory,” he said.

The lawyer for Guyana said the country’s right to Essequibo would be “irreparably prejudiced” and would suffer “irrecoverable loss of the territorial rights” if the ICJ finds that Venezuela has no rights to the county.

Reichler submitted evidence, comprising newspaper articles, video recordings, and statements issued by the President of Venezuela, Nicolas Maduro, the Minister of Defense for the National Armed Forces of Venezuela, Vladimir Padrino Lopez and Colonel Juan Gutierrez Ortiz, of the country’s plan to seize control of two-thirds of Guyana’s territory and reject the Court’s authority to resolve the controversy.

“Venezuela has made clear that after the referendum, it will count on its armed forces to defend its annexation of its new state of Guyana Esequiba. Military preparations have already begun,” Reichler said while adding that “Venezuelan armed forces are now constructing a military airfield to carry out the government’s plans for the Essequibo Region of Guyana,” he said.

Professor Alain Pellet who also appeared for Guyana told the ICJ that he Venezuelan National Guard was patrolling the Cuyuni River in the Essequibo region, heavily-armed and claiming that “we are patrolling in our Essequibo” as part of our territorial defence system and that “our military troops are patrolling as a single unit exercising our sovereignty because the sun of Venezuela was born in the Essequibo.”

Professor Pellet also told the ICJ that there was no application or expectation on the referendum questions related to maritime issues as the court had already ruled that it had no such jurisdiction to deal with maritime issues. The lawyer submitted to the Court: “There is no doubt about the court’s jurisdiction, let alone prima facie jurisdiction following the judgment of 18 December 2020, confirmed by that of 6th April 2023. There is no question about the plausibility of Guyana’s rights to the territory at issue here, its rights are based on a unanimous arbitral award, a demarcation agreement signed and ratified by Venezuela and Venezuela’s longstanding acceptance and acknowledgement that the territory belongs to British Guiana. Nor can there be any uncertainty about the irreparable prejudice that would befall Guyana’s rights if Venezuela were to unilaterally reject the arbitral award, reject and ignore the court and its judgments and proceed to formally incorporate the disputed territory into itself.”

Guyana wants the Court to provide the following provisional measures:

“1. Venezuela shall not proceed with the Consultative Referendum planned for 3 December 2023 in its present form;

2. In particular, Venezuela shall not include the First, Third or Fifth questions in the Consultative Referendum;

3. Nor shall Venezuela include within the ‘Consultative Referendum’ planned, or any other public referendum, any question encroaching upon the legal issues to be determined by the Court in its Judgment on the Merits, including (but not limited

to):

a. the legal validity and binding effect of the 1899 Award;

b. sovereignty over the territory between the Essequibo River, and the boundary established by the 1899 Award and the 1905 Agreement; and the purported creation of the State of ‘Guayana Esequiba’ and any associated measures, including the granting of Venezuelan citizenship and national identity cards.

4. Venezuela shall not take any actions that are intended to prepare or allow the exercise of sovereignty or de facto control over any territory that was awarded to British Guiana in the 1899 Arbitral Award.

5. Venezuela shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

Today, Venezuela will submit its oral arguments before the Court.

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• Dec. 3 referendum, Essequibo, Guyana, International Court of Justice (ICJ), Venezuelan

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