Dear Colleagues,
Those of you who have been following the Cameroon-Nigeria case
will know that the ICJ's binding decision was announced yesterday.
For those of you who are interested, below is
a). The press release
b). The statement to the press by ICJ President Guillaume
explaining the decision
c). The relevant paragraphs on the all important maritime boundary
d). The final court decision
While it appears that Cameroon has won on both Lake Chad and
the Bakassi peninsula, the method of measuring the equidistance
line for the extension of the maritime boundary was won by Nigeria.
I don't yet know what this means yet in terms of existing and future oil
concessions. We'd be interested in any thoughts or observations.
Perhaps Clive Schofield, who was working on the Nigerian side, can
shed some light on the implications of the judgement.
Best wishes - Charles
Charles Gurdon
Menas Associates
T: +44-(0)1442-872-800
[log in to unmask]
======================================
Land and Maritime Boundary between Cameroon and Nigeria
(Cameroon v. Nigeria: Equatorial Guinea intervening)
PRESS RELEASE
The Court determines the boundary between Cameroon and Nigeria from Lake
Chad to the sea.
It requests each Party to withdraw all administration and military or
police forces present on territories falling under the sovereignty of the
other Party.
THE HAGUE, 10 October 2002. The International Court of Justice (ICJ),
principal judicial organ of the United Nations, has today given Judgment in
the case concerning the Land and Maritime Boundary between Cameroon and
Nigeria (Cameroon v. Nigeria: Equatorial Guinea intervening).
In its Judgment, which is final, without appeal and binding for the
Parties, the Court determines as follows the course of the boundary, from
north to south, between Cameroon and Nigeria:
· In the Lake Chad area, the Court decides that the boundary is delimited
by the Thomson-Marchand Declaration of 1929-1930, as incorporated in the
Henderson-Fleuriau Exchange of Notes of 1931 (between Great Britain and
France); it finds that the boundary starts in the lake from the
Cameroon-Nigeria-Chad tripoint (whose co-ordinates it defines) and follows
a straight line to the mouth of the River Ebeji as it was in 1931 (whose
co-ordinates it also defines) and thence runs in a straight line to the
point where the river today divides into two branches.
· Between Lake Chad and the Bakassi Peninsula, the Court confirms that the
boundary is delimited by the following instruments:
i) from the point where the River Ebeji bifurcates, as far as Tamnyar Peak,
by the Thomson-Marchand Declaration of 1929-1930 (paras. 2-60), as
incorporated in the Henderson-Fleuriau Exchange of Notes of 1931;
ii) from Tamnyar Peak to pillar 64 referred to in Article XII of the
Anglo-German Agreement of 12 April 1913, by the British Order in Council of
2 August 1946;
iii) from pillar 64 to the Bakassi Peninsula, by the Anglo-German
Agreements of 11 March and 12 April 1913.
The Court examines point by point 17 sectors of the land boundary and
specifies for each one how the above-mentioned instruments are to be
interpreted (paras. 91, 96, 102, 114, 119, 124, 129, 134, 139, 146, 152,
155, 160, 168, 179, 184 and 189 of the Judgment).
· In Bakassi, the Court decides that the boundary is delimited by the
Anglo-German Agreement of 11 March 1913 (Arts. XVIII-XX) and that
sovereignty over the Bakassi Peninsula lies with Cameroon. It decides that
in this area the boundary follows the thalweg of the River Akpakorum
(Akwayafe), dividing the Mangrove Islands near Ikang in the way shown on
map TSGS 2240, as far as a straight line joining Bakassi Point and King
Point.
· As regards the maritime boundary, the Court, having established that it
has jurisdiction to address this aspect of the case ¾ which Nigeria had
disputed ¾ , fixes the course of the boundary between the two States'
maritime areas.
In its Judgment the Court requests Nigeria expeditiously and without
condition to withdraw its administration and military or police forces from
the area of Lake Chad falling within Cameroonian sovereignty and from the
Bakassi Peninsula. It also requests Cameroon expeditiously and without
condition to withdraw any administration or military or police forces which
may be present along the land boundary from Lake Chad to the Bakassi
Peninsula on territories which pursuant to the Judgment fall within the
sovereignty of Nigeria. The latter has the same obligation in regard to
territories in that area which fall within the sovereignty of Cameroon.
The Court takes note of Cameroon's undertaking, given at the hearings, to
"continue to afford protection to Nigerians living in the [Bakassi]
peninsula and in the Lake Chad area".
Finally, the Court rejects Cameroon's submissions regarding the State
responsibility of Nigeria. It likewise rejects Nigeria's counter-claims.
Composition of the Court
The Court was composed as follows: President Guillaume; Vice-President Shi;
Judges Oda, Ranjeva, Herczegh, Fleischhauer, Koroma, Higgins,
Parra-Aranguren, Kooijmans, Rezek, Al-Khasawneh, Buergenthal, Elaraby;
Judges ad hoc Mbaye, Ajibola; Registrar Couvreur.
Judge Oda appends a declaration to the Judgment of the Court; Judge Ranjeva
appends a separate opinion to the Judgment of the Court; Judge Herczegh
appends a declaration to the Judgment of the Court; Judge Koroma appends a
dissenting opinion to the Judgment of the Court; Judge Parra-Aranguren
appends a separate opinion to the Judgment of the Court; Judge Rezek
appends a declaration to the Judgment of the Court; Judge Al-Khasawneh and
Judge ad hoc Mbaye append separate opinions to the Judgment of the Court;
Judge ad hoc Ajibola appends a dissenting opinion to the Judgment of the
Court.
___________
A fuller summary of the Judgment is given in Press Communiqué 2002/26bis,
to which is annexed a summary of the judges' declarations and opinions. The
full text of the Judgment, declarations and opinions, together with the
press communiqués, is available on the Court's Internet site
(www.icj-cij.org).
=================================================================
Statement to the press by President Guillaume
The Hague, 10 October 2002
1. The Court has just delivered its Judgment in the case concerning the
Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v.
Nigeria: Equatorial Guinea intervening). As you have seen, this Judgment is
a long one, exceeding 150 pages. Thus, it might be helpful if I provide you
with a brief summary.
2. The Court first decided that the land boundary between the two countries
had been fixed by treaties entered into during the colonial period and it
upheld the validity of those treaties. It moreover rejected the theory of
historical consolidation put forward by Nigeria and accordingly refused to
take into account the effectivités relied upon by Nigeria. It ruled that,
in the absence of acquiescence by Cameroon, these effectivités could not
prevail over Cameroon's conventional titles.
Accordingly, the Court decided that, pursuant to the Anglo-German Agreement
of 11 March 1913, sovereignty over Bakassi lies with Cameroon. Similarly,
the Court fixed the boundary in the Lake Chad area in accordance with the
Henderson-Fleuriau Exchange of Notes of 9 January 1931 between France and
Great Britain and rejected Nigeria's claims to the Darak area and the
neighbouring villages.
3. Further, the Court drew an extremely precise boundary between the two
States. In this respect, in Lake Chad it reached the same conclusions as
the Lake Chad Basin Commission.
As requested by Nigeria, it then turned to 17 sectors of the land boundary
between Lake Chad and pillar 64. In many cases, the solutions adopted in
this respect are favourable to Nigeria. This is so for the Keraua River,
the Mandara Mountains, the Maio Senche, Jimbare and Sapeo, between Namberu
and Banglang, and in respect of the boundary between the Akbang River and
Mount Tosso. The adopted solutions are closer to Cameroon's positions in
respect of the Kohom River, the area between Mount Kuli and Bourha, the
village of Kotcha, the Hambere Range area and the Sama River. The Court
adopted intermediate or neutral positions in respect of Limani, the sources
of the Tsikakiri, the course from Beacon No. 6 to Wamni Budungo, at Tipsan,
and from the Hambere Range to the Mburi River.
Finally, the Court indicated the precise course of the boundary channel of
the Akwayafe to the west of the Bakassi Peninsula.
4. The Court also fixed the maritime boundary between the two States. Here,
the Court, accepting Cameroon's contention, began by upholding the validity
of the Declarations of Yaoundé II and Maroua, pursuant to which the Heads
of State of Nigeria and Cameroon had in 1971 and 1975 agreed upon the
maritime boundary between the two countries from the mouth of the Akwayafe
to a point G situated at 8° 22' 19" longitude east and 4° 17' 00" latitude
north.
Next, in respect of the maritime boundary further out to sea, the Court
essentially endorsed the delimitation method advocated by Nigeria. As the
line of delimitation, it adopted the equidistance line between Cameroon and
Nigeria, which in its view produced an equitable result in this case as
between the two States, namely a loxodrome having an azimuth of 187° 52'
27". Noting, however, that the line so adopted was likely rapidly to
encroach on rights of Equatorial Guinea, the Court confined itself to
indicating its direction without fixing the Cameroon/Nigeria/Equatorial
Guinea tripoint.
The delimitation thus effected for the most part respects existing oil
installations. It preserves Equatorial Guinea's rights, as well as those of
Cameroon and Nigeria in regard to their delimitation with Equatorial
Guinea.
5. Drawing the consequences of its determination of the land boundary, the
Court first held that Nigeria is under an obligation expeditiously and
without condition to withdraw its administration and its military and
police forces from the Bakassi Peninsula, and from the Lake Chad area
falling within the sovereignty of Cameroon.
The Court further decided that Cameroon, for its part, is under an
obligation expeditiously and without condition to withdraw any
administration or military or police forces which may be present on
Nigerian territory along the land boundary between Lake Chad and Bakassi.
Nigeria bears the same obligation in respect of any territory in this
sector which falls within the sovereignty of Cameroon.
In the reasoning of its Judgment, the Court further noted that the
implementation of the Judgment would afford the Parties a beneficial
opportunity to co-operate in the interests of the populations concerned, in
order notably to enable them to continue to have access to educational and
health services comparable to those they currently enjoy. Such
co-operation, the Court added, would be especially helpful, with a view to
the maintenance of security, during the withdrawal of the Nigerian
administration and military and police forces.
6. The Court also took note of the commitment undertaken at the hearings by
Cameroon that, "faithful to its traditional policy of hospitality and
tolerance", Cameroon would "continue to afford protection to Nigerians
living in the Bakassi Peninsula and in the Lake Chad area".
7. Finally, the Court rejected Cameroon's submissions seeking to have
Nigeria ordered to repair the injury suffered by Cameroon, in particular as
a result of the occupation of Bakassi. In this respect, the Court noted
that Cameroon had secured recognition of its sovereignty over the peninsula
and the disputed area of Lake Chad. It found that the injury suffered by
Cameroon by reason of the Nigerian occupation was sufficiently addressed by
the very fact of that recognition and of the evacuation of those
territories.
It also rejected, for lack of proof, the submissions of Cameroon concerning
the implementation of its Order of 15 March 1996 indicating provisional
measures and those relating to various border incidents complained of by
the two Parties.
8. In sum, the Court finds in favour of Cameroon in respect of Bakassi and
Lake Chad. Its Judgment also settles the other issues concerning the land
boundary. It places each of the Parties under an obligation to evacuate the
areas falling within the sovereignty of the other, and to do so
expeditiously and without condition, and at the same time issues a call for
co-operation. It fixes the maritime boundary beyond the territorial sea in
accordance with the method advocated by Nigeria. Finally, it rejects both
Parties' submissions concerning responsibility.
9. I would add that the Court was happy to learn that the Heads of State of
Cameroon and Nigeria met on 5 September last in the presence of the United
Nations Secretary-General. It welcomed the result of that meeting and hopes
that the Judgment which it has delivered today will contribute to friendly
relations between the two brother countries.
___________
10 October 2002
====================================================
RELEVANT PARAGRAPHS ABOUT MARITIME BOUNDARY
306. The Court accordingly decides that the equidistance line represents an
equitable result
for the delimitation of the area in respect of which it has jurisdiction to
give a ruling.
307. The Court notes, however, that point G, which was determined by the
two Parties in the
Maroua Declaration of 1 June 1975, does not lie on the equidistance line
between Cameroon and
Nigeria, but to the east of that line. Cameroon is therefore entitled to
request that from point G the
boundary of the Parties' respective maritime areas should return to the
equidistance line. This
Cameroon seeks to achieve by drawing a delimitation line at an azimuth of
270° from point G to a
point situated at 8° 21' 16" longitude east and 4° 17' 00" latitude north.
The Court, having
carefully studied a variety of charts, observes that the point on the
equidistance line which is
obtained by following a loxodrome having an azimuth of 270° from point G is
located at
co-ordinates slightly different from those put forward by Cameroon. The
Court accordingly
considers that from point G the delimitation line should directly join the
equidistance line at a point
with co-ordinates 8° 21' 20" longitude east and 4° 17' 00" latitude north,
which will be called X.
The boundary between the respective maritime areas of Cameroon and Nigeria
will therefore
continue beyond point G in a westward direction until it reaches point X at
the above-mentioned
co-ordinates. The boundary will turn at point X and continue southwards
along the equidistance
line. However, the equidistance line adopted by the Court cannot be
extended very far. The Court
has already stated that it can take no decision that might affect rights of
Equatorial Guinea, which is
not a party to the proceedings. In these circumstances the Court considers
that it can do no more
than indicate the general direction, from point X, of the boundary between
the Parties' maritime
areas. The boundary will follow a loxodrome having an azimuth of 187° 52'
27"
==================================================
FINAL COURT DECISION
Decides that the land boundary between the Republic of Cameroon and the
Federal Republic
of Nigeria is delimited, from Lake Chad to the Bakassi Peninsula, by the
following instruments:
(i) from the point where the River Ebeji bifurcates as far as Tamnyar Peak,
by paragraphs 2
to 60 of the Thomson-Marchand Declaration of 1929-1930, as incorporated in
the
Henderson-Fleuriau Exchange of Notes of 1931;
(ii) from Tamnyar Peak to pillar 64 referred to in Article XII of the
Anglo-German
Agreement of 12 April 1913, by the British Order in Council of 2 August
1946;
(iii) from pillar 64 to the Bakassi Peninsula, by the Anglo-German
Agreements of 11 March
and 12 April 1913;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Rezek, Al-Khasawneh,
Buergenthal,
Elaraby; Judges ad hoc Mbaye, Ajibola;
AGAINST: Judge Koroma;
(B) Unanimously,
Decides that the aforesaid instruments are to be interpreted in the manner
set out in
paragraphs 91, 96, 102, 114, 119, 124, 129, 134, 139, 146, 152, 155, 160,
168, 179, 184 and 189 of
the present Judgment;
(A) By thirteen votes to three,
Decides that the boundary between the Republic of Cameroon and the Federal
Republic of
Nigeria in Bakassi is delimited by Articles XVIII to XX of the Anglo-German
Agreement of
11 March 1913;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Al-Khasawneh,
Buergenthal, Elaraby;
Judge ad hoc Mbaye;
AGAINST: Judges Koroma, Rezek; Judge ad hoc Ajibola;
(B) By thirteen votes to three,
Decides that sovereignty over the Bakassi Peninsula lies with the Republic
of Cameroon;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Al-Khasawneh,
Buergenthal, Elaraby;
Judge ad hoc Mbaye;
AGAINST: Judges Koroma, Rezek; Judge ad hoc Ajibola;
(C) By thirteen votes to three,
Decides that the boundary between the Republic of Cameroon and the Federal
Republic of
Nigeria in Bakassi follows the thalweg of the Akpakorum (Akwayafe) River,
dividing the
Mangrove Islands near Ikang in the way shown on map TSGS 2240, as far as
the straight line
joining Bakassi Point and King Point;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Al-Khasawneh,
Buergenthal, Elaraby;
Judge ad hoc Mbaye;
AGAINST: Judges Koroma, Rezek; Judge ad hoc Ajibola;
IV. (A) By thirteen votes to three,
Finds, having addressed Nigeria's eighth preliminary objection, which it
declared in its
Judgment of 11 June 1998 not to have an exclusively preliminary character
in the circumstances of
the case, that it has jurisdiction over the claims submitted to it by the
Republic of Cameroon
regarding the delimitation of the maritime areas appertaining respectively
to the Republic of
Cameroon and to the Federal Republic of Nigeria, and that those claims are
admissible;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Rezek, Al-Khasawneh,
Buergenthal,
Elaraby; Judge ad hoc Mbaye;
AGAINST: Judges Oda, Koroma; Judge ad hoc Ajibola;
(B) By thirteen votes to three,
Decides that, up to point G below, the boundary of the maritime areas
appertaining
respectively to the Republic of Cameroon and to the Federal Republic of
Nigeria takes the
following course:
¾ starting from the point of intersection of the centre of the navigable
channel of the Akwayafe
River with the straight line joining Bakassi Point and King Point as
referred to in point III (C)
above, the boundary follows the "compromise line" drawn jointly at Yaoundé
on 4 April 1971
by the Heads of State of Cameroon and Nigeria on British Admiralty Chart
3433 (Yaoundé II
Declaration) and passing through 12 numbered points, whose co-ordinates are
as follows:
Longitude Latitude
point 1: 8° 30' 44" E, 4° 40' 28" N
point 2: 8° 30' 00" E, 4° 40' 00" N
point 3: 8° 28' 50" E, 4° 39' 00" N
point 4: 8° 27' 52" E, 4° 38' 00" N
point 5: 8° 27' 09" E, 4° 37' 00" N
point 6: 8° 26' 36" E, 4° 36' 00" N
point 7: 8° 26' 03" E, 4° 35' 00" N
point 8: 8° 25' 42" E, 4° 34' 18" N
point 9: 8° 25' 35" E, 4° 34' 00" N
point 10: 8° 25' 08" E, 4° 33' 00" N
point 11: 8° 24' 47" E, 4° 32' 00" N
point 12: 8° 24' 38" E, 4° 31' 26" N;
¾ from point 12, the boundary follows the line adopted in the Declaration
signed by the Heads of
State of Cameroon and Nigeria at Maroua on 1 June 1975 (Maroua
Declaration), as corrected
by the exchange of letters between the said Heads of State of 12 June and
17 July 1975; that
line passes through points A to G, whose co-ordinates are as follows:
Longitude Latitude
point A: 8° 24' 24" E, 4° 31' 30" N
point A1: 8° 24' 24" E, 4° 31' 20" N
point B: 8° 24' 10" E, 4° 26' 32" N
point C: 8° 23' 42" E, 4° 23' 28" N
point D: 8° 22' 41" E, 4° 20' 00" N
point E: 8° 22' 17" E, 4° 19' 32" N
point F: 8° 22' 19" E, 4° 18' 46" N
point G: 8° 22' 19" E, 4° 17' 00" N;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Al-Khasawneh,
Buergenthal, Elaraby;
Judge ad hoc Mbaye;
AGAINST: Judges Koroma, Rezek; Judge ad hoc Ajibola;
(C) Unanimously,
Decides that, from point G, the boundary line between the maritime areas
appertaining
respectively to the Republic of Cameroon and to the Federal Republic of
Nigeria follows a
loxodrome having an azimuth of 270° as far as the equidistance line passing
through the midpoint
of the line joining West Point and East Point; the boundary meets this
equidistance line at a
point X, with co-ordinates 8° 21' 20" longitude east and 4° 17' 00"
latitude north;
(D) Unanimously,
Decides that, from point X, the boundary between the maritime areas
appertaining
respectively to the Republic of Cameroon and to the Federal Republic of
Nigeria follows a
loxodrome having an azimuth of 187° 52' 27";
V. (A) By fourteen votes to two,
Decides that the Federal Republic of Nigeria is under an obligation
expeditiously and
without condition to withdraw its administration and its military and
police forces from the
territories which fall within the sovereignty of the Republic of Cameroon
pursuant to points I and
III of this operative paragraph;
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Higgins, Parra-Aranguren, Kooijmans, Rezek, Al-Khasawneh,
Buergenthal,
Elaraby; Judge ad hoc Mbaye;
AGAINST: Judge Koroma; Judge ad hoc Ajibola;
(
B) Unanimously,
Decides that the Republic of Cameroon is under an obligation expeditiously
and without
condition to withdraw any administration or military or police forces which
may be present in the
territories which fall within the sovereignty of the Federal Republic of
Nigeria pursuant to point II
of this operative paragraph. The Federal Republic of Nigeria has the same
obligation in respect of
the territories which fall within the sovereignty of the Republic of
Cameroon pursuant to point II of
this operative paragraph;
(C) By fifteen votes to one,
Takes note of the commitment undertaken by the Republic of Cameroon at the
hearings that,
"faithful to its traditional policy of hospitality and tolerance", it "will
continue to afford protection
to Nigerians living in the [Bakassi] Peninsula and in the Lake Chad area";
IN FAVOUR: President Guillaume; Vice-President Shi; Judges Oda, Ranjeva,
Herczegh,
Fleischhauer, Koroma, Higgins, Kooijmans, Rezek, Al-Khasawneh, Buergenthal,
Elaraby;
Judges ad hoc Mbaye, Ajibola;
AGAINST: Judge Parra-Aranguren;
(D) Unanimously,
Rejects all other submissions of the Republic of Cameroon regarding the
State responsibility
of the Federal Republic of Nigeria;
(E) Unanimously,
Rejects the counter-claims of the Federal Republic of Nigeria.
Done in French and in English, the French text being authoritative, at the
Peace Palace,
The Hague, this tenth day of October, two thousand and two, in four copies,
one of which will be
placed in the archives of the Court and the others transmitted to the
Government of the Republic of
Cameroon, the Government of the Federal Republic of Nigeria, and the
Government of the
Republic of Equatorial Guinea, respectively.
(Signed) Gilbert GUILLAUME,
President.
(Signed) Philippe COUVREUR,
Registrar.
Judge ODA appends a declaration to the Judgment of the Court; Judge RANJEVA
appends a
separate opinion to the Judgment of the Court; Judge HERCZEGH appends a
declaration to the
Judgment of the Court; Judge KOROMA appends a dissenting opinion to the
Judgment of the Court;
Judge PARRA-ARANGUREN appends a separate opinion to the Judgment of the
Court; Judge REZEK
appends a declaration to the Judgment of the Court; Judge AL-KHASAWNEH and
Judge ad hoc MBAYE append separate opinions to the Judgment of the Court;
Judge ad hoc AJIBOLA appends a dissenting opinion to the Judgment of the
Court.
(Initialled) G.G.
(Initialled) Ph.C.
___________
