ICJ announces provisional measures against Venezuela in dispute with Guyana

The official ruling of the ICJ on the border dispute between Guyana and Venezuela makes the October 3rd referendum invalid.

3rd of December 2023

ICJ sides with Guyana in border dispute with Venezuela. (Image Credits: Google Images)

The International Court of Justice (ICJ) has delivered a unanimous ruling, granting Guyana’s demand for provisional measures against Venezuela. President Irfaan Ali issued a statement, welcoming the measures which stands against endorsing the referendum Venezuela plans to hold to validate its annexation of the Essequibo region in Guyana.

The official order from the International Court of Justice (ICJ) states the following, “Pending a final decision in the case, the Bolivarian Republic of Venezuela shall refrain from taking any action which would modify the situation that currently prevails in the territory in dispute, whereby the Cooperative Republic of Guyana administers and exercises control over that area.” 

Venezuela has not strayed from its plan of holding a referendum for the disputed region on the 3rd of December, despite the push back, both from Guyana and the international fraternity. The referendum is an attempt at upending the status quo which currently allows Guyana to control Essequibo, according to the October 3rd 1899 Arbitral Award.

The ruling stands against Venezuela and the entire exercise meant to wrest control of Essequibo from Guyana. Regardless of Venezuela’s intentions and subsequent actions, according to the Statute of the Court and the UN Charter, Venezuela must comply with the ruling as it is party to the decision under international law.

President Ali also added that, “This is an opportunity for Venezuela to join Guyana in demonstrating respect for international law and the principles that govern peaceful coexistence.”

“Guyana remains steadfast in its commitment to the international judicial process and the rule of law. It is fully confident that, when the ICJ issues its final Judgment on the merits of the case, it will conclude that the Essequibo is legally and rightfully Guyanese territory. We believe that justice, not force, should be the arbiter of international disputes.”

Guyana has displayed its intent to find a peaceful resolution to the matter by approaching the International Court of Justice, which leaves Venezuela in a precarious position where any action against the Courts ruling would prove to be a major violation of both international law and the sovereignty of Guyana’s borders.

Ignoring these developments, Venezuela’s Bolivarian government has continued to pursue the referendum as it still prepares for it at the behest of the Venezuelan Parliament.

The ICJ has said the following as a part of its official stance on the dispute, “Both parties shall refrain from any action which might aggravate or extend the dispute before the court or make it more difficult to resolve.”

It is yet to be seen whether the decision from the International Court of Justice will help in avoiding a conflict or if Venezuela will continue down the current path, shrugging of the incessant pressure of the international community.