In a significant ruling with major geopolitical and economic implications, the International Court of Justice (ICJ) has ruled in favor of Equatorial Guinea in a long-standing territorial dispute with neighboring Gabon over the ownership of three largely uninhabited, oil-rich islands in the Gulf of Guinea.
The ruling, delivered by the 15-member panel of the United Nations’ top judicial body, brings legal clarity to a decades-long disagreement between the two Central African nations. The ICJ’s decision affirms that a treaty signed in 1900 between colonial powers France and Spain is the definitive legal instrument determining sovereignty over the islands—effectively placing them under the authority of Equatorial Guinea.
The Disputed Islands and the Legal Battle
The islands at the heart of the dispute—Mbanie, Cocotiers, and Congas—are located off the Atlantic coast and are believed to hold significant offshore oil reserves. Although uninhabited, their potential for energy development has made them highly strategic to both Equatorial Guinea and Gabon, two countries whose economies heavily rely on hydrocarbon production.
The dispute formally came before the ICJ in 2021, after both governments agreed to seek legal arbitration following years of failed bilateral negotiations. The court was tasked with identifying which international agreement, if any, conferred legal ownership of the islands.
On Monday, the court concluded that the 1900 treaty between France and Spain, colonial rulers of Gabon and Equatorial Guinea respectively at the time, was the binding legal framework.
“The court finds that the 1900 treaty constitutes the applicable legal instrument,” stated Judge Julia Sebutinde, one of the presiding judges. “Later documents, including the 1974 Bata Convention, do not have the status of a treaty with the force of law.”
Dismissal of the 1974 Bata Convention
Gabon had argued that the 1974 Bata Convention—a bilateral agreement reportedly signed between the two nations—clearly transferred ownership of the islands to Gabon. However, Equatorial Guinea challenged the legitimacy of the document, stating it was never formally ratified or legally binding.
The ICJ sided with Equatorial Guinea’s argument, noting that Gabon had failed to produce an original, signed copy of the convention. The court expressed concern over the lack of verifiable documentation and concluded that the agreement did not meet the criteria of a legally binding treaty.
“The court cannot consider the 1974 agreement a valid legal document due to the absence of ratification and lack of original documentation,” Judge Sebutinde added.
Historical Background and the Role of Oil
Equatorial Guinea had de facto control over the islands until 1972, when Gabon seized Mbanie Island in a military maneuver. At the time, the territorial dispute was relatively low-profile. However, with the discovery of offshore oil reserves in the surrounding waters in the late 20th century, the islands’ strategic and economic value increased dramatically.
Since then, control over the islands has been a source of intermittent tension between the two nations, both of which are members of the Central African Economic and Monetary Community (CEMAC). Diplomatic negotiations spanned decades but failed to produce a mutually agreeable resolution, prompting the countries to turn to the ICJ.
The court’s decision is final and binding, and both nations had previously committed to accepting the ruling, regardless of the outcome.
A Win for Equatorial Guinea’s Oil Future
The decision represents a major legal and diplomatic victory for Equatorial Guinea. With oil production in its established fields declining, the country is eager to explore new reserves to maintain government revenues and economic stability. Ownership of Mbanie, Cocotiers, and Congas potentially opens the door to untapped hydrocarbon exploration and offshore licensing in the region.
“We welcome the ruling by the International Court of Justice, which reaffirms our sovereign rights over these islands,” a spokesperson for Equatorial Guinea’s foreign ministry said following the verdict. “This outcome validates our long-standing legal position and offers a path forward for peaceful development.”
Equatorial Guinea has already hinted at plans to launch new oil and gas exploration programs in the vicinity of the islands, pending further technical assessments and environmental reviews.
Gabon Reacts with Disappointment
In contrast, the verdict dealt a blow to Gabon, whose own oil sector has also been in decline. While the Gabonese government has not yet issued a full statement, an initial response from the foreign ministry expressed “deep regret” over the court’s decision but acknowledged the country’s obligation to comply with the outcome.
“We are disappointed by the ICJ’s ruling but reaffirm our respect for international law and the peaceful settlement of disputes,” the statement read.
Analysts say the ruling could also affect Gabon’s regional political leverage, particularly within CEMAC and the African Union, as its claim to the contested islands had been part of broader geopolitical positioning.
Regional and Legal Significance
The ICJ ruling sets a precedent for how territorial disputes between post-colonial African states can be resolved through legal frameworks rooted in colonial-era treaties. While such treaties are often controversial, the court’s reliance on the 1900 Franco-Spanish agreement underscores the enduring legal weight of historical documents in cases of disputed sovereignty.
“This is a textbook case of the ICJ’s mandate to settle international disputes peacefully and impartially,” said Dr. Emmanuel Tchatchoua, an expert in international law at the University of Yaoundé. “It also serves as a reminder of the importance of treaty documentation and ratification in international law.”
Moving Forward: A Call for Regional Cooperation
Despite the ruling, experts have urged both countries to pursue cooperative frameworks for resource management in the Gulf of Guinea. Several regional maritime disputes in Africa have benefited from joint development zones, where two or more states agree to share revenues from natural resources while shelving sovereignty disputes.
“With the court decision now clear, both Gabon and Equatorial Guinea should consider collaboration on energy development in the region,” said Dr. Tchatchoua. “This could foster peace, prosperity, and regional stability.”
As Equatorial Guinea prepares to formalize its control over the islands and explore their energy potential, international observers will be watching closely to see whether this ruling sparks renewed regional cooperation—or further rivalry—in one of Africa’s most resource-rich maritime zones.
