UN court backs Equatorial Guinea in disputed islands case with Gabon

The International Court of Justice (ICJ), the United Nations’ top judicial body, has ruled in favor of Equatorial Guinea in a long-standing territorial dispute with Gabon over three uninhabited but strategically significant islands in the Gulf of Guinea. The decision, delivered by the 15-judge panel in The Hague, ends a decades-long disagreement by recognizing a 1900 treaty between colonial powers Spain and France as the authoritative legal document governing the matter.

The Disputed Islands

At the heart of the conflict are three small islands—Mbanie, Cocotiers, and Congas—located off the coast of Central Africa. Though largely uninhabited, the islands have gained significance due to their potential oil reserves, making them critical for the economic interests of both nations. With oil production in both countries facing steady decline in recent years, ownership of the surrounding offshore resources has become even more crucial.

Equatorial Guinea claimed the islands were historically part of its territory until Gabon militarily occupied the largest island, Mbanie, in 1972. The skirmish reignited tensions, especially after the discovery of oil in nearby waters. Despite numerous rounds of diplomatic talks, the two nations could not reach an agreement and eventually turned to the ICJ in 2021 for a binding legal resolution.

ICJ’s Legal Reasoning

In its ruling, the ICJ affirmed that a 1900 colonial treaty between Spain and France—which defined the boundaries of their respective colonial territories—remained the valid and binding legal agreement on the issue. According to the Court, this treaty allocated the islands in question to Spain’s colonial holdings, which later became part of independent Equatorial Guinea.

Judge Julia Sebutinde, reading the summary of the judgment, noted that another document, the 1974 Bata Convention—which Gabon had relied on to assert its claim—did not meet the criteria to be considered a binding treaty under international law. “The 1974 document is not a treaty having the force of law,” she stated, pointing out that Gabon had failed to present an original signed copy of the agreement to the court.

Equatorial Guinea had long disputed the legitimacy of the 1974 Bata Convention, arguing that it was more of a political statement than a formal treaty. The court’s decision to dismiss it affirms Equatorial Guinea’s stance and grants it sovereignty over the islands.

Strategic and Economic Significance

The ICJ ruling carries major economic and strategic implications. Both Gabon and Equatorial Guinea have relied heavily on oil exports as the backbone of their economies. The prospect of untapped hydrocarbon resources in the waters surrounding the islands had turned what might otherwise be a minor territorial issue into a high-stakes legal battle.

The waters around Mbanie Island, in particular, are believed to be rich in oil and gas deposits. With current reserves depleting and new exploration opportunities shrinking across the region, control over these waters could inject much-needed revenue into Equatorial Guinea’s struggling energy sector.

Diplomatic Implications and Future Outlook

The ruling is final and binding, meaning there is no avenue for appeal. While Gabon has not yet issued a formal response to the decision, analysts suggest that the ruling could push both countries to redefine their maritime boundaries and improve bilateral cooperation, especially concerning joint resource management and regional security.

The verdict is expected to also strengthen Equatorial Guinea’s hand in negotiations with international oil companies, providing a legal foundation for future exploration and drilling activities.

The ICJ’s decision illustrates the role international law can play in resolving territorial disputes peacefully and sets a precedent for other African countries grappling with similar colonial-era boundary issues. It also reinforces the importance of clear legal documentation and adherence to treaty law in international relations.

As the dust settles, attention will now turn to how Equatorial Guinea will move to assert control over the islands and their resources—and how Gabon will recalibrate its foreign policy and resource planning in light of the judgment.

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