ICJ Border controversy case– after Venezuela fails to file counter-memorialThe Guyana Government will be moving to have the International Court of Justice (ICJ) go ahead with the proceedings after Venezuela failed to submit its counter memorial on jurisdiction within the court-imposed deadline.The International Court of JusticeBack in March 2018, Guyana went to The Netherlands-based World Court to confirm the validity of the Arbitral Award of October 3, 1899, which fixed the land boundary between the two neighbouring countries.Last year, the ICJ found that it would be appropriate to determine whether it has jurisdiction over the case before considering its merits.To this end, Guyana submitted its written Memorial on Jurisdiction back in November, demonstrating that the Court has jurisdiction to decide on the validity of the Arbitral Award and the resulting boundary.As a result, the ICJ had fixed April 18, 2019 as the date for Venezuela to submit a Counter-Memorial on Jurisdiction in response to Guyana’s submission. However, the troubled Spanish-speaking state has failed to make a submission on that date, and according to a statement for the Guyana Foreign Affairs Ministry on Thursday, Venezuela has indicated in a letter from its Foreign Minister that it had chosen not do so.“In consequence, Guyana has decided to ask the Court to proceed directly to the holding of oral hearings, at the earliest possible date, to determine its jurisdiction over the case. Guyana is confident that the Court will agree that it has jurisdiction, and then proceed to decide on the merits of Guyana’s suit,” the missive on Thursday stated.Guyana submitted the case to the Court after the Secretary General of the United Nations (UN) determined, pursuant to his authority under the Geneva Agreement of 1966 – to which Guyana, Venezuela and the United Kingdom are parties – that the dispute over the validity of the Arbitral Award, and the resulting boundary, must be decided by the Court. That constitutes a sufficient jurisdictional basis for the Court to proceed.According to the Foreign Affairs Ministry release, Guyana regrets that Venezuela, notwithstanding its obligations under the Geneva Agreement and the Secretary General’s decision to refer the matter to the Court, has chosen not to participate in the case.However, as the Court itself has made clear, the door remains open to Venezuela to join in the proceedings, which will continue to a final and legally-binding judgment, pursuant to the Court’s rules, whether Venezuela participates or not.“Guyana takes note of the Venezuelan Foreign Minister’s recent tweet that, at some point in the future, it will supply the Court with “information” about the case to assist it in the exercise of its judicial functions. If this is a first step toward Venezuela’s full participation in the case, Guyana welcomes it.At the same time, Guyana has reserved its right to object to any submission by Venezuela that violates the Court’s rules or is otherwise prejudicial,” the missive added.The next step going forward now, according to the Foreign Affairs Ministry, will be for the Court to schedule the dates for the oral hearing on jurisdiction.
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