The ICJ ruled that islands Mbanie, Conga, and Cocoteros legally belong to Equatorial Guinea, ending a protracted dispute with Gabon. Gabon’s claims were based on the unverified 1974 Bata Convention, which the court found lacked legal validity. Consequently, Gabon must withdraw its military from Mbanie and recognize Equatorial Guinea’s sovereignty over these territories as per a 1900 colonial treaty.
In a significant ruling on May 19, 2025, the International Court of Justice (ICJ) determined that the islands of Mbanie, Conga, and Cocoteros near Gabon belong to Equatorial Guinea. This decision ended a long-standing dispute between the two West African nations dating back decades. The islands, although mostly uninhabited, are strategically located in waters believed to hold valuable oil and gas resources.
Gabon has controlled these islands since a military eviction of Equatorial Guinean forces in 1972. In presenting its case, Gabon referred to the 1974 Bata Convention, claiming this treaty established its sovereignty over the territories. Marie-Madeleine Mborantsuo, the honorary president of Gabon’s Constitutional Court, stated that the Bata Convention “resolves all sovereignty issues regarding the islands and border delimitation.”
However, Equatorial Guinea has consistently rejected Gabon’s claims. They demanded the original document of the Bata Convention, which Gabon could not produce. Domingo Mba Esono, Equatorial Guinea’s vice-minister of mines and hydrocarbons, expressed skepticism about the treaty’s authenticity, noting, “No one had seen or heard of this supposed convention.”
His concerns were echoed by Philippe Sands, Equatorial Guinea’s legal representative, who dismissed the Bata Convention as “scraps of paper.” He argued before ICJ judges that Gabon was asking the court to validate a photocopy, saying, “You are being asked to rule that a state can rely on a photocopy of a photocopy of a purported document, the original of which cannot be found.”
The ICJ ultimately sided with Equatorial Guinea, stating that the Bata Convention did not carry legal weight as a treaty. Instead, the court referenced a 1900 treaty that delineated colonial territories, which assigned the islands to Spain, and subsequently to Equatorial Guinea upon its independence in 1968. The ruling emphasized that Spain held sovereign rights over the islands “until October 12, 1968, to which the Republic of Equatorial Guinea succeeded.”
Addressing the lack of original documentation for the Bata Convention, Mborantsuo acknowledged issues in Gabon’s archives, citing “unfavorable climate, a lack of trained personnel and lack of technology” as contributing factors. Following the ruling, Gabonese troops will be required to vacate their base on Mbanie, a small island approximately 0.6 miles long, marking a noteworthy turn in the relationships between the neighboring states.
The ICJ’s decision illustrates a significant legal triumph for Equatorial Guinea in a longstanding territorial dispute with Gabon. With the court rejecting Gabon’s claims based on the unverified Bata Convention and reaffirming Equatorial Guinea’s sovereignty as inherited from colonial treaties, the ruling delineates a clear outcome that could affect future relations. Gabon must now withdraw its forces from the disputed islands, leading to a shift in territorial control.
Original Source: www.dw.com
