Venezuela rejects the decision of the International Court of Justice contrary to the spirit of the Geneva Agreement on Guayana Esequiba
The Bolivarian Republic of Venezuela is aware of the decision of the International Court of Justice (ICJ), read at a hearing by video conference on December 12th, 2020, regarding the unilateral claim filed by the Cooperative Republic of Guyana against the Bolivarian Republic of Venezuela on the validity of the Arbitral Award of 1899. In this regard, the national and international community are informed of the following: The Geneva Agreement is the only current bilateral taxing rule, applicable to settle, through amicable negotiations, the territorial dispute. The above denies the judicial route, unable to reach the practical and satisfactory settlement that this Agreement imposes on both Parties. In this sense, Venezuela has been and is willing to surrender to such amicable negotiations in order to reach a mutually satisfactory settlement. In deciding that it has jurisdiction over the validity of the Arbitral Award of 1899 based on the unilateral claim of Guyana, the ICJ makes an incomprehensible and unprecedented mistake, not only in terms of the consent not given by Venezuela to such jurisdiction, but in admitting an object of litigation different from the substantial object of the dispute, as defined by the Geneva Agreement of 1966. The decision of the Court not only violates its own stablished and decades-old doctrine, but also its own solid jurisprudence. In consequence, Venezuela rejects the decision of the ICJ, in perfect harmony with the arguments that it timely provided – from its sovereign position of non-appearance – to assists the Court in its duty to issue a statement where the Law, the principles of Law and Customary Law imposed on it to declare its evident lack of jurisdiction. Therefore, and for the reasons set forth above, the Bolivarian Republic of Venezuela does not recognize the ruling issued by the ICJ in the terms referred to, while once again claiming the validity of the Geneva Agreement of 1966 and ratifying that it will continue to exercise its fair claim, in view of the outrageous fraud involved in the Arbitral Award of 1899 to the detriment of its territorial integrity. Finally, Venezuela reiterates its call for this dispute to be channeled in an amicable manner and proposes the initiation of direct negotiations with the Cooperative Republic of Guyana, in compliance with International Law and based on the Geneva Agreement of 1966, which mandates us to resolve this dispute in a peaceful manner. The Bolivarian Republic of Venezuela calls on all the Venezuelan people to unite around this historic national cause in defense of their sovereign right over the Guyana Esequiba and to reject the decision that is detrimental to Law, history and justice. The Venezuelan sun rises in the Esequibo.
Caracas, December 18, 2020
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