UN Court Rules in Favour of Equatorial Guinea in Island Dispute with Gabon

In a landmark ruling delivered on Monday, the International Court of Justice (ICJ) handed sovereignty over three contested islands in the Gulf of Guinea to Equatorial Guinea, bringing an end to a territorial dispute with neighbouring Gabon that has simmered for over 50 years.

The islands in question—Mbanié, Cocotiers, and Conga—are small and largely uninhabited, yet geostrategically significant due to their location in potentially oil-rich maritime waters. The court ruled 13–2 in favour of Equatorial Guinea, invoking the authority of a 1900 colonial treaty between France and Spain as the decisive legal basis.

Colonial History Decides Modern Borders

The ICJ determined that the 1900 Treaty of Paris, which defined colonial boundaries between France and Spain, remains the binding legal instrument governing sovereignty over the islands. At the time of Equatorial Guinea’s independence in 1968, the territory belonged to Spain, and sovereignty lawfully transferred to the new republic under uti possidetis juris—a principle affirming post-independence boundaries based on colonial-era demarcations.

A 1974 agreement known as the Bata Convention, cited by Gabon as transferring the islands to its control, was rejected by the court. The ICJ found that the document lacked the status of a binding treaty and had never been adequately ratified or implemented. Gabon was also unable to produce an original copy of the agreement during the proceedings.

A Flashpoint Since the 1970s

Tensions over the islands date back to 1972, when Gabonese forces ousted Equatoguinean troops from Mbanié, establishing a military presence that has remained ever since. The dispute escalated in the early 2000s when interest in the Gulf of Guinea’s offshore oil reserves brought new urgency to maritime boundary claims.

Despite multiple attempts at diplomatic mediation—including United Nations-led negotiations—the parties failed to reach a resolution. In 2016, both countries signed an agreement submitting the dispute to the ICJ, with formal proceedings beginning in 2021.

Withdrawal of Gabonese Troops Ordered

As a result of the ruling, Gabon must now withdraw its military personnel from Mbanié, which at just 30 hectares is the largest of the three islands. Though modest in size, the ruling could redefine control over key sections of maritime territory believed to hold untapped energy reserves.

In a statement following the ruling, Guy Rossatanga-Rignault, an adviser to Gabon’s presidency, acknowledged the need for dialogue:

“Gabon and Equatorial Guinea have to live side by side. We can’t move away from each other. Therefore, we will have to talk it over to solve all these problems.”

Implications for Energy and Diplomacy

Both Equatorial Guinea and Gabon are oil-dependent economies, yet their production has been in decline due to underinvestment, mature fields, and limited exploration.

Gabon recently nationalised major energy assets following its 2023 military transition, while Equatorial Guinea is striving to position itself as a regional hydrocarbons hub despite dwindling reserves. Control over the surrounding waters of these islands offers potential new opportunities in the blue economy, including offshore energy, fishing rights, and maritime security.

A Pan-African Legal Precedent

This ruling by the ICJ underscores the enduring weight of colonial-era treaties in determining contemporary African borders, often bypassing more recent attempts at bilateral resolution. It also highlights the increasing use of international legal institutions by African states to resolve sensitive disputes peacefully.

While the ruling favours Equatorial Guinea, both nations have now been handed a fresh opportunity to forge regional cooperation, rather than contestation, in one of West and Central Africa’s most economically strategic zones.