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The Hague, 19 May 2025 —
The International Court of Justice (ICJ) has delivered its long-awaited judgment on the land and maritime delimitation and sovereignty dispute between the Gabonese Republic and the Republic of Equatorial Guinea, concluding a decades-long disagreement over territory in Corisco Bay and surrounding maritime boundaries.
In a unanimous decision, the ICJ ruled on the legal validity of several treaties and documents submitted by both parties concerning their common land and maritime boundaries and sovereignty over the islands of Mbanié/Mbañe, Cocotiers/Cocoteros, and Conga.
Key Findings of the Court
The Court clarified that its mandate under the 2016 Special Agreement signed by the two countries was not to draw new boundaries or assign sovereignty, but to determine which legal titles, treaties, or conventions invoked by the parties hold the force of law in their bilateral relations.
Among the Court’s principal conclusions:
- Bata Convention Not Legally Binding: The Court found that the 1974 “Bata Convention,” which Gabon claimed settled the border and sovereignty disputes, does not constitute a binding legal title. Despite its title and form, the Court concluded that the parties never treated the document as legally binding, nor implemented its provisions over the past five decades.
- 1900 Convention Holds Legal Force: The ICJ affirmed that both Gabon and Equatorial Guinea succeeded to the territorial rights held by France and Spain, respectively, at the times of their independence (1960 for Gabon and 1968 for Equatorial Guinea). Thus, the 1900 Convention between France and Spain remains the key legal instrument concerning the land boundary.
- Sovereignty Over Islands Lies with Equatorial Guinea: The Court concluded that Spain exercised continuous and uncontested authority over the islands of Mbanié, Cocotiers, and Conga prior to independence, and that Equatorial Guinea inherited this legal title. It rejected Gabon’s claims based on later occupation and the disputed Bata Convention.
- Limited Role of UNCLOS: While the United Nations Convention on the Law of the Sea (UNCLOS) applies to both countries, the Court ruled it does not itself constitute a “legal title” for specific maritime delimitation. However, it acknowledged that UNCLOS forms part of the legal framework in the countries’ relations.
The decision is seen as a major diplomatic and legal victory for Equatorial Guinea, particularly in confirming its sovereignty over the three disputed islands. For Gabon, the judgment invalidates its long-standing reliance on the 1974 Bata Convention as a basis for its claims.
Legal experts praised the ICJ for its clear delineation of legal principles around succession of title, treaty validity, and the evidentiary standard for territorial claims. The judgment offers a framework for future bilateral negotiations to finalize maritime and land borders in accordance with the ICJ’s conclusions.
Background
The case stemmed from a Special Agreement signed in Marrakesh in 2016, after years of failed bilateral negotiations and a UN-mediated process. The Court held hearings in late 2024, with extensive legal teams representing both nations.
The islands in question—Mbanié, Cocotiers, and Conga—lie in resource-rich waters and have long been points of contention due to their strategic location in Corisco Bay. With this judgment, the ICJ brings legal clarity to a historically complex colonial legacy, offering the two Central African nations an opportunity to move forward in peaceful cooperation.
