HGP Nightly News – International lawyer Paul Reichler has told the International Court of Justice that Venezuela’s attempt to undermine the 1897 Treaty of Washington is unsupported by history and law, arguing that the same treaty formed the valid basis for the 1899 Arbitral Award settling the boundary with then-British Guiana.
Appearing on Guyana’s behalf in the ongoing border controversy case, Reichler said Venezuela is now seeking to attack the treaty because it is central to the legitimacy of the 1899 award.
“In these proceedings, of course, Venezuela challenges the validity of that award. The first reason it gives for the alleged invalidity of the award is the purported invalidity of the 1897 treaty,” he told the Court.
Reichler reminded the ICJ that Venezuela accepted, respected and complied with the 1899 Arbitral Award for more than 60 years before formally challenging it.
“It was not until 1963, 66 years after it ratified the treaty, that Venezuela first began to find fault with it,” he said.
According to Reichler, the historical record shows that Venezuela itself had repeatedly pushed for arbitration after decades of failed negotiations and rising tensions over the territory between the Essequibo and Orinoco rivers.
He said Venezuela turned to the United States for assistance because it could not stop British activity in the disputed area by diplomacy or force. The United States, he argued, played a central role in persuading Britain to submit the matter to arbitration.
“It was clear that the possibility of submitting the dispute to arbitration could have materialised only with the support of the United States,” Reichler stated.
He rejected Venezuela’s claim that the 1897 Treaty was tainted by fraud, error or collusion between the United States and Great Britain.
“Neither Venezuela’s contention of fraud nor its contention of error withstands scrutiny or is even plausible,” Reichler argued.
He said the allegation would require the Court to believe that the United States suddenly abandoned Venezuela and switched sides in favour of Britain, a position he described as illogical and unsupported by the documentary record.
Reichler also rejected suggestions that Venezuela had been excluded from the treaty process. He said records show Venezuelan representatives were consulted, their proposals were considered, and some were incorporated into the final treaty text.
According to him, Venezuela trusted then U.S. Secretary of State Richard Olney and President Grover Cleveland to protect its interests during the negotiations.
The 1897 Treaty of Washington remains a key part of Guyana’s case because it led directly to the arbitration that produced the 1899 Arbitral Award. Guyana is asking the ICJ to uphold the validity of that award, which established the boundary between Guyana and Venezuela.
Reichler’s submissions were aimed at reinforcing Guyana’s position that both the treaty and the award were lawfully concluded and remain binding under international law.
