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INTERNAT. RELAT.
For eight years, the International Court of Justice at The Hague has been considering a number of cases. It has now ruled as follows: Cameroon’s sovereignty over the Bakassi Peninsula is recognised; Equatorial Guinea’s rights have been preserved; Cameroon’s request for reparations has been turned down
On 10 October 2002, the International Court of Justice (ICJ) at The Hague gave its decision on the frontier disagreement between the Federal Republic of Nigeria and Cameroon. At the same time, the Court ruled on preserving Equatorial Guinea’s territorial rights. The Court decided that «pursuant to the Anglo-German Agreement of 11 March 1913, sovereignty over Bakassi lies with Cameroon». At the same time, the Court fixed the border in the area of Lake Chad in accordance with the exchange of French-British Notes (Henderson-Fleuriau) of 9 January 1931, and rejected Nigeria’s claims to Cameroon’s Darak zone and surrounding villages. The ICJ thus restores the frontiers established by the colonial powers — Great Britain for Nigeria; Germany then France for Cameroon.
This decision (without appeal) rejects Nigeria’s claims over Cameroon’s territory of Bakassi and parts of Cameroon’s territory in the Lake Chad area. In the past, Nigeria, (Cameroon’s gigantic neighbour with a population of some 118.4 million inhabitants — 1997 statistics), had already claimed sovereignty over the disputed areas by collecting taxes. For Nigeria, this was sufficient reason for demanding its sovereignty should be recognized there. But Mr. Gilbert Guillaume, the ICJ‘s president, explains: «The Court rejects the theory of “historical consolidation” advanced by Nigeria and refuses to take into account what, for Nigeria, was already an established fact». In other words, the ICJ recommends to Nigeria to withdraw, «as soon as possible and without conditions, its administration, its armed forces and its police force from the Bakassi Peninsula». This is the final result of eight years expensive litigation, with Equatorial Guinea at the same time asking the Court to ensure that its sea borders which lie adjacent to Cameroon and off the Nigerian coastline (Bioko Island) are respected.
Proceedings
It all started in December 1993, when the Federal Republic of Nigeria decided to occupy the Bakassi Peninsula militarily — the peninsula was rumoured to be rich in oil. More troops were brought in during February 1994. Cameroon reacted immediately, claiming that international law was on its side. The matter was referred to the ICJ on 29 March 1994, requesting the Court to recognize Cameroon’s sovereignty over the Bakassi Peninsula. An additional request was made to the ICJ to clearly delineate the land and sea borders between the two countries. Cameroon also asked that Nigeria should make reparations for damage incurred during the military occupation of its territory by Nigerian troops.
On 16 June 1994, the ICJ fixed 16 March 1995 as the cut-off date for Cameroon’s petition to reach the Court; Nigeria’s right-to-reply date was fixed for 18 September 1995. On 13 December, i.e. a few months after this date, Nigeria, instead of sending-in counter-statements, raised preliminary objections to the ICJ‘s competence to judge this case and to rule on Cameroon’s request. Proceedings were then suspended. Cameroon was asked to produce by 15 May 1996 at the latest, its observations and conclusions on Nigeria’s preliminary objections.
Tension increased the whole time. There were serious «incidents», and dozens of people from both countries were killed and some soldiers taken hostage. A prisoner-exchange took place under the auspices of the International Committee of the Red Cross. On 15 March 1996, the Court asked both parties to the conflict to avoid «any act of aggression which might infringe on the other party’s rights or which would worsen or extend the disagreement now under adjudication by the Court».
On 11 June 1998, the International Court, stating that it was legally competent, rejected seven of the eight objections raised by Nigeria. The eighth objection would have to be studied during a close examination of the disagreement. Nigeria then called for an interpretation of this ruling, but on 25 March 1999, this request was considered to be «inadmissible».
All the while, Equatorial Guinea was somewhat concerned by implications of what an ICJ ruling for either country might mean for itself, and on 30 June 1999 formally requested the ICJ to intervene on its behalf in the frontier dispute. The country wanted to protect its rights in the Gulf of Guinea by legal means. On 21 October the same year, the ICJ authorized Equatorial Guinea to make its concerns known before the Court, and the country was then able to present its case.
The verdict
On 18 February 2002, pleadings before the ICJ in The Hague began. Things were really moving now! These were to take one month, leaving time for the Court to deliberate on its verdict. On 10 October 2002, the Court pronounced its verdict. It recognized Cameroon’s sovereignty over the Bakassi Peninsula; it delineated the land and sea borders between the two countries; it safeguarded Equatorial Guinea’s interests and rejected Cameroon’s application for damages. According to Radio France Internationale, the same day, the Nigerian authorities accepted the Court’s decision.
The news was welcomed in Yaounde, but without too much triumph. In an official statement, Jaques Fame Ndongo, Cameroon’s Communications Minister emphasised that the government renewed its undertaking to respect the Court’s decision, «in accordance with the President’s policy of good neighbourliness and a peaceful settlement of disagreements». The Yaounde Statement reiterated the government’s firm will to consolidate and develop the spirit of co-operation and good neighbourliness which exist between the two countries.
- Fr.-Xavier Eya, Cameroon, October 2002 — © Reproduction authorised, with usual acknowledgment
Update – 24 October: Nigeria refuses to hand over Bakassi to Cameroon, and appeals to the UN secretary-general (ANB-BIA, 24 Oct 2002)
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PeaceLink 2002 - Reproduction authorised, with usual acknowledgement