The International Court of Justice (ICJ) has issued its ruling in the dispute between Gabon and Equatorial Guinea over sovereignty of three islets located off their coasts, in a maritime zone believed to hold significant oil resources. The case concerned Mbanié, Cocotiers and Conga, three low-lying islets that have been the focus of a long-standing diplomatic disagreement.
A colonial-era dispute
The two Central African neighbours, located in West Africa, each referred to historical agreements to support their claims. Gabon relied on a 1974 convention signed in Bata, which it said confirmed its sovereignty over the three islets. However, this convention was never formally recognised by Equatorial Guinea, which dismissed its contents and claimed Gabon has occupied the territories illegally since 1972.
Equatorial Guinea referred instead to a 1900 treaty signed between France and Spain, then the colonial powers in Gabon and Equatorial Guinea respectively. That agreement, it argued, established current borders that excluded the disputed islets from Gabonese territory.
Document authenticity at the centre of the case
Legal arguments focused on the authenticity of the Bata convention. During hearings, Equatorial Guinea’s Deputy Minister of Mines and Hydrocarbons, Domingo Mba Esono, stated that Gabon unexpectedly presented a photocopy of the convention at a 2003 bilateral meeting, catching the Equatoguinean delegation off guard. Neither Gabon nor Equatorial Guinea has produced an original version of the document.
British lawyer Philippe Sands, representing Equatorial Guinea, argued that the Court would be mistaken to accept a document whose authenticity remains in question and which, according to him, had not been cited by either side for over thirty years.
Underlying energy stakes
Interest in the islets has grown due to their hydrocarbon potential, in a maritime region that remains largely unexplored but displays promising geological indicators. No official figures have been released regarding estimated reserves, but the proximity of the islets to existing production zones has heightened tensions between the two states.
Both governments asked the ICJ not to determine immediate sovereignty, but to clarify the legal validity of the respective treaties. This approach reflects an intent to preserve diplomatic dialogue while seeking legal clarity on the roots of the conflict.
“Unfortunately, neither side has recovered the original treaty of the Bata convention,” said Marie-Madeleine Mborantsuo, honorary president of Gabon’s Constitutional Court, citing weak archiving practices from a time before digital recordkeeping.
