Border controversy: Attorney General says ‘World Court can enforce its decisions’

As Guyana awaits a decision from the International Court of Justice (ICJ) on Venezuela’s upcoming referendum about the Essequibo region, Attorney General Anil Nandlall SC has assured Guyanese that the court can enforce its rulings.

The Attorney General addressed the ongoing controversy and Venezuela’s planned referendum during his “Issues in the News” Facebook live on Tuesday night.

During his engagement, he acknowledged concerns that Venezuela may not adhere to a ruling of the Court that is favourable to Guyana but emphasised that the ICJ, also called the World Court, is capable of enforcing its decisions.

“It is that coercive power that keeps the majesty of the cour intact.

“It is the capacity to enforce its orders that demands veneration and respect from any court of law,” Nandlall explained.

He later added: “I cannot imagine that the ICJ, which is the pinnacle and the summit of the international legal structure, will be a court that is unable to enforce its own orders.”

Nandlall also said the enforcement arm of the World Court is the United Nations Security Council- the body on which Guyana will take a seat on from January.

Last week, Guyana argued before the Court that the December 3 referendum is intended to be used as a trigger for Venezuela to seize Guyana’s territory by military force.

At the Hague, Nandlall explained that Venezuela has a right to hold any referendum it chooses, but its referendum cannot seek to dictate action to violate another country’s sovereignty and territorial integrity. Guyana argues that because the referendum has direct bearing on the case before the Court, the ICJ is empowered to rule on provisional measures until it determines the full case before it.

So even if the Court rules that it cannot prevent Venezuela from holding its referendum, Guyana hopes the Court can say something that would prevent Venezuela from taking action on the results of the referendum.
The Attorney General also noted that Guyana has its “national capabilities” and the support of many foreign partners including important international organisations such as the Commonwealth, the Organization of American States (OAS) and the Caribbean Community (CARICOM).

So Mr. Nandlall said people should not fall prey to hysteria.

Outside of the referendum, the Guyana/ Venezuela border controversy is squarely before the ICJ and Guyana hopes for a final, binding settlement there that reaffirms the 1899 Arbitral Award that established the existing boundary between itself and Venezuela. Essentially, Guyana wants the court to reaffirm that the Essequibo region is its own.