ICJ Rules in Favor of Equatorial Guinea in Islands Dispute with Gabon

The ICJ has resolved the dispute over the islands Mbanie, Conga, and Cocoteros, ruling they belong to Equatorial Guinea, contradicting Gabon’s claims based on a disputed treaty. Gabon’s reliance on the Bata Convention, deemed non-viable, led to a ruling favoring an 1900 treaty. The decision requires Gabon to withdraw its troops from Mbanie.

The International Court of Justice (ICJ) has ruled decisively in favor of Equatorial Guinea in the long-standing territorial dispute over the islands of Mbanie, Conga, and Cocoteros, which lie off the Gabonese coast. This ruling, delivered on Monday, finally addresses decades of contention between the two West African nations concerning these virtually uninhabited lands that may hold significant oil and gas reserves.

Historically, Gabon has maintained control over these islands since it evicted Equatorial Guinean soldiers from Mbanie in 1972. Gabon’s argument for sovereignty, rooted in the Bata Convention of 1974, was put forward in 2003. Honorary President of Gabon’s Constitutional Court, Marie-Madeleine Mborantsuo, stated that this treaty “resolves all sovereignty issues regarding the islands and border delimitation.”

Equatorial Guinea, however, firmly contested Gabon’s claim, demanding an authentic copy of the Bata Convention, which Gabon failed to provide. Domingo Mba Esono, Vice Minister of Mines and Hydrocarbons for Equatorial Guinea, highlighted before the ICJ judges that “no one had seen or heard of this supposed convention.” He insisted that the only document Gabon presented was merely an unauthenticated photocopy.

Philippe Sands, the lawyer representing Equatorial Guinea, went further by labeling the Bata Convention as “scraps of paper,” indicating the flimsy nature of Gabon’s claims. He urged the court not to endorse a ruling based on such insufficient documentation, where “the original of which cannot be found” and which remained unmentioned for thirty years.

The ICJ ultimately sided with Equatorial Guinea, asserting that the Bata Convention lacks legal standing as a treaty. Instead, the court reinforced the validity of the 1900 treaty, forged in Paris, that had demarcated colonial territories. This treaty originally granted possession of the islands to Spain, which then transferred sovereignty to Equatorial Guinea upon its independence from Spain in 1968.

In its conclusion, the court stated, “The title that has force of law… is the title held by the Kingdom of Spain [until] October 12, 1968, to which the Republic of Equatorial Guinea succeeded.” Gabon’s Mborantsuo expressed regret over the difficulties in finding the original documents related to the Bata Convention, attributing it to poorly managed archives amid various challenges.

As a result of this ruling, Gabonese military forces will be required to vacate their premises on Mbanie, an island measuring roughly one kilometer—or about 0.6 miles—in length. This decision, while rooted in lengthy diplomatic negotiations, marks a significant turn in the relations between the neighboring countries.

The ICJ’s ruling favors Equatorial Guinea in a centuries-old dispute over three islands historically claimed by Gabon. The court deemed Gabon’s Bata Convention as lacking legal credibility, instead endorsing an earlier treaty that allocated the islands to Spain. With this ruling, Gabonese forces must withdraw from Mbanie, impacting long-standing geopolitical dynamics in the region.

Original Source: www.dw.com