The Essequibo River in the territory disputed by Venezuela and Guyana.
Following a closed-door meeting on April 9 on the territorial dispute between Venezuela and Guyana, members of the Security Council issued a media statement on Monday expressing concern about a possible escalation of tensions between the two countries and urging the two sides to resolve their differences through peaceful means.
In the statement, the members of the Council urged Venezuela and Guyana to exercise maximum restraint and uphold their obligations under international law and the Charter of the United Nations. They also reminded the two countries of their obligation to comply with the ICJ's order for interim measures issued on 1 December 2023.
At that time, the International Court of Justice issued two interim measures in response to an application by Guyana, including a request to Venezuela to refrain from any action that could alter the current situation in the disputed territory, and a request to the parties to refrain from any action that could exacerbate or expand the dispute or make it more difficult to resolve.
Twists and turns
However, Venezuela still held a referendum two days after the International Court of Justice handed down the provisional measures. The authorities claimed that they had "overwhelming support" for their territorial claims against the Essequibo region, which is administered and controlled by Guyana.
The leaders of the two countries met in Saint Vincent and the Grenadines on December 14 last year under the mediation of regional organizations and the state and reached a partial peace agreement on the territorial dispute. In their joint statement, the two sides stressed that any dispute should be resolved in accordance with international law, including the Geneva Accords signed in 1966.
However, according to media reports, Venezuelan President Nicolas Maduro signed the referendum results into law on April 4 this year, triggering strong condemnation from the Guyana side, and tensions between the two sides have risen again.
Maintenance of regional peace and security
In media statements, the Council stressed the need for all parties to maintain regional peace and security and to ensure that Latin America and the Caribbean remains a zone of peace. In this regard, the Council expresses its appreciation for previous regional efforts to facilitate dialogue and peace declarations between Venezuela and Guyana, while stressing the importance of the catalytic role of regional actors in reducing tensions.
The members of the Council also reaffirmed the need to uphold the principle of respect for the sovereignty and territorial integrity of States, as well as the principle enshrined in Article 2, paragraph 4, of the Charter of the United Nations, that "all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations".
Territorial disputes have a long history
Guyana is located in the northeastern part of South America, bordering Venezuela to the west. The territorial dispute between the two countries can be traced back to a series of events that took place in the second half of the 19th century, when Guyana was still a British colony called British Guiana.
In the 19th century, both Britain and Venezuela claimed the area between the mouth of the Essequibo River in the east and the Orinoco River in the west. In the nineteen-nineties, the United States encouraged both sides to submit their respective territorial claims to binding arbitration.
On October 3, 1899, the relevant international arbitration awarded that the entire estuary and banks of the Orinoco River belonged to Venezuela, and the land extending eastward to the Essequibo River belonged to Great Britain. However, successive Venezuelan governments have not recognized the outcome of the arbitration and have sought to resolve the dispute.
Signing of the Geneva Accords
To that end, the Geneva Agreement was signed between the United Kingdom and Venezuela on 17 February 1966. On 26 May of the same year, Guyana, which had gained independence, became a party to the Geneva Accords, along with the British and Venezuelan governments. Since Guyana acquired the territory that belonged to the United Kingdom in the 1899 arbitration, the corresponding territorial dispute was transferred between Venezuela and Guyana.
In the decades that followed, the two sides made unsuccessful efforts to resolve the dispute by establishing a mixed commission and entrusting the Secretary-General of the United Nations with the task of determining the means of settlement, in accordance with the terms of the agreement.
Recourse to the International Court of Justice
The current Secretary-General, António Guterres, continued his good offices after taking office on 1 January 2017 and sent a letter to the parties on 30 January 2018 stating that he had "chosen the International Court of Justice as the instrument now used to resolve the dispute."
On 29 March 2018, the Government of Guyana filed a petition with the Registry of the International Court of Justice against Venezuela concerning the dispute concerning the "Legal Validity and Binding Effect of the Boundary Ruling of 3 October 1899 between the Colony of British Guiana and the United States of Venezuela".
On 18 December 2020, the International Court of Justice handed down its Judgment on the question of its jurisdiction in this case. The Court found that it had jurisdiction to receive the application submitted by Guyana concerning the validity of the arbitral award of 3 October 1899 and to issues relating to the definitive settlement of the land boundary dispute between Guyana and Venezuela.
Although Venezuela subsequently raised a preliminary objection to the admissibility of Guyana's Application, it was rejected by the International Court of Justice. At present, the trial of the case is still ongoing, and a final decision is not expected before next year.
