Guyana submits “final” written brief to ICJ against Venezuela in border case

Last Updated on Monday, 9 December 2024, 19:59 by Writer

Guyana’s Ambassador to Brussels, Sasenarine Singh flanked by Counsellor at the Guyana Embassy Lloyd Gunraj (left) and Daniel Muller, Law Partner, with Guyana Legal Team.

Guyana on Monday submitted to the International Court of Justice (ICJ) in The Hague its final written brief on the merits in its case against Venezuela.

The brief, officially entitled “Guyana’s Reply to Venezuela’s Counter-Memorial” was personally delivered to the Registrar of the Court by Guyana’s Ambassador in Brussels, Sasenarine Singh.

In the merits phase of the case, each party submits two written briefs. Guyana’s Memorial was submitted on 8 April 2023. Venezuela submitted its Counter-Memorial one year later on 8 April 2024.

The Ministry of Foreign Affairs says Guyana’s Reply, filed on Monday, responds to that Venezuelan brief. Venezuela will have the opportunity to respond to Guyana’s Reply with its Rejoinder, due on 8 August 2025.

The Court will in due course set a date for oral hearings. Guyana welcomes Venezuela’s engagement in the merits phase of the case.

Guyana began the case in March 2018 following the determination by United Nations Secretary General António Guterres that he had chosen the ICJ as the means to be used for the solution of the controversy between the two countries.

Guyana is seeking the Court’s confirmation that the 1899 Arbitral Award which determined the international boundary with Venezuela is legally valid and remains binding on both states as a matter of international law.

Although Venezuela recognised the validity of the Award and accepted the boundary for more than 60 years, it changed position on the eve of Guyana’s independence, rejected the Award and asserted a claim to more than two-thirds of Guyana’s territory in the Essequibo Region.

Venezuela had previously sought to have the case dismissed by the Court, filing two separate objections to its jurisdiction, in 2019 and 2022, respectively. The Court rejected Venezuela’s objections, both times by overwhelming majority. In December 2023, in response to Guyana’s request brought on by Venezuela’s threat to seize and annex Guyana’s territory, the Court ordered the parties to refrain from any actions to disturb Guyana’s administration and control of that territory pending the conclusion of the case.

The Government of Guyana says it is fully confident that it has shown, in its Reply, that Venezuela’s challenges to the Arbitral Award and the international boundary, as set forth in its Counter-Memorial, are entirely without merit, and that the Court will ultimately confirm the validity, finality and legally binding nature of both the Award and the boundary.