Tiny Island, Big Dispute: International Court Rules in Favor of Equatorial Guinea

In a landmark decision, the International Court of Justice (ICJ) has settled a decades-long territorial dispute between Gabon and Equatorial Guinea over a tiny island in the Gulf of Guinea. The ICJ ruled that the islands of Mbanie, Conga, and Cocoteros, which are located off the coast of Gabon, legally belong to Equatorial Guinea. This verdict brings an end to a dispute that has been ongoing since 1972, when Gabonese troops forcibly evicted Equatorial Guinean soldiers from the island of Mbanie.

At the heart of the dispute was the Bata Convention, a treaty that Gabon claimed granted it sovereignty over the islands. However, Equatorial Guinea disputed the validity of the treaty, arguing that it was never formally ratified and that the original document could not be produced. "No one had seen or heard of this supposed convention," said Domingo Mba Esono, vice-minister of mines and hydrocarbons for Equatorial Guinea, in a statement to the ICJ. Philippe Sands, a lawyer representing Equatorial Guinea, was even more scathing, dismissing the Bata Convention as "scraps of paper" and arguing that it was unreasonable to rely on a photocopy of a photocopy of a document that could not be found.

The ICJ ultimately agreed with Equatorial Guinea’s argument, ruling that the Bata Convention could not be considered a treaty with force of law. Instead, the court relied on a treaty signed in Paris in 1900, which divided up French and Spanish colonial assets in the region and granted sovereignty over the islands to Spain. When Equatorial Guinea gained independence from Spain in 1968, it inherited sovereignty over the islands. As the ICJ concluded, "The title that has force of law in so far as it concerns sovereignty over the islands… is the title held by the Kingdom of Spain [until] October 12, 1968, to which the Republic of Equatorial Guinea succeeded."

The implications of this ruling are significant, as the islands are located in potentially oil and gas-rich waters. Gabonese troops will now have to leave their base on Mbanie, which is barely one kilometer long. Despite the outcome, the dispute has been conducted in a spirit of diplomacy and cooperation between the two West African neighbors. As Gabon’s representative, Mborantsuo, noted, "Sadly, neither of the two parties can find the original document" of the Bata Convention, citing poor archive management and a lack of resources.

This ruling marks a significant milestone in the resolution of a long-standing dispute and highlights the importance of clear and transparent documentation in international law. As the world continues to navigate complex territorial disputes, the ICJ’s decision serves as a reminder of the need for careful consideration and respect for the rule of law.