The International Court of Justice has ruled in favor of Equatorial Guinea in a decades-long dispute over the ownership of three tiny islands off the coast of Gabon, with the court finding that the islands belong to Equatorial Guinea and sovereignty passing to the country upon its independence from Spain in 1968.
The International Court of Justice (ICJ) has ruled in favor of Equatorial Guinea in a decades-long territorial dispute with neighboring country Gabon over the ownership of three tiny islands off the coast of Gabon.
The International Court of Justice (ICJ) is the primary judicial organ of the United Nations, established in 1945.
Located in The Hague, Netherlands, it settles disputes between states and provides advisory opinions on international law.
The ICJ has jurisdiction over cases involving treaty interpretation, state responsibility, and human rights.
It consists of 15 judges elected by the UN General Assembly and Security Council for nine-year terms.
The court's decisions are binding, but enforcement is often dependent on cooperation from member states.
Background of the Dispute
The islands of Mbanie, Conga, and Cocoteros, which measure just 30 hectares, have been at the center of the dispute. The world court has found that these islands belong to Equatorial Guinea, with sovereignty passing to the country upon its independence from Spain in 1968.
Gabon’s Claim
Gabon argued that a hitherto unknown treaty from 1974, known as the Bata Convention, confirmed its sovereignty over the territories. The honorary president of Gabon’s Constitutional Court, Marie-Madeleine Mborantsuo, claimed that the convention resolved all sovereignty issues regarding the islands and border delimitation.
Equatorial Guinea’s Claim
Equatorial Guinea has always disputed this claim, demanding an original copy of the treaty which Gabon has been unable to produce. The country’s vice-minister of mines and hydrocarbons, Domingo Mba Esono, dismissed the Bata Convention as ‘scraps of paper,’ arguing that relying on a photocopy of a document cannot be used to establish sovereignty.
Equatorial Guinea's claim to territory is primarily based on the Treaty of Paris, signed in 1900.
The treaty established Spanish control over the region, which was then known as Rio Muni and Fernando Pó.
After gaining independence from 'Spain' in 1968, Equatorial Guinea claimed sovereignty over the entire territory.
However, its borders are disputed with Gabon to the southeast and Cameroon to the north.
The dispute centers around the islands of Annobón and Bioko, which were previously part of Spanish Guinea but have been claimed by Gabon as part of its territorial waters.
ICJ Ruling
On Monday, the court agreed with Equatorial Guinea’s stance, ruling that the Bata Convention could not be seen as a treaty with force of law. Instead, it ordered Gabon to acknowledge a treaty signed in Paris in 1900 dividing up French and Spanish colonial assets in the region, which handed the islands to Spain. This title has force of law, and Equatorial Guinea succeeded to it upon its independence from Madrid in 1968.
Aftermath of the Ruling
As a result of the dispute, Gabonese troops will have to leave their base on Mbanie, which is barely one kilometer long. The court’s ruling also means that the islands’ control will change hands, with Equatorial Guinea gaining sovereignty over the territories.
Equatorial Guinea's sovereignty is recognized by the international community, with membership in various global organizations such as the United Nations and the African Union.
The country gained independence from Spain in 1968, following a long struggle led by President Francisco Macías Nguema.
Since then, Equatorial Guinea has maintained its independence, with the current government headed by President Teodoro Obiang Nguema Mbasogo.
The country's sovereignty is also protected by its constitution, which emphasizes the principles of national unity and territorial integrity.
