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Members of that tribunal included Sir Christopher Greenwood, then also an ICJ judge.
Readers will recall the two questions posed by the General Assembly in its request for an Advisory Opinion (Resolution 71/292) and the procedural and propriety issues raised by this case, as … 2232 (XXI) (Dec. 20, 1966) (citing this Declaration on Independence for Non-self-governing Territories, GA Res. The Court further ruled unlawful the United Kingdom's continued administration of the Chagos Archipelago and called upon all UN member states to aid completion of the decolonization process. A United Nations Security Council resolution is a United Nations resolution adopted by the fifteen members of the Security Council (UNSC); the United Nations (UN) body charged with "primary responsibility for the maintenance of international peace and security". [6].
Mauritius has repeatedly asserted that the Chagos Archipelago is part of its territory and that the United Kingdom (UK) claim is a violation of United Nations resolutions banning the dismemberment of colonial territories before independence.
It was established by the British government on 1 April 2010 as a massive, contiguous, no-take marine reserve, it encompasses 640,000 square kilometres (250,000 sq mi) of ocean waters, including roughly 70 small islands and seven atolls of the Chagos Archipelago. See paras. A United Nations resolution is a formal text adopted by a United Nations (UN) body. The Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 is an advisory opinion issued by the International Court of Justice (ICJ) on the Chagos Archipelago sovereignty dispute in response to a request from the United Nations General Assembly (UNGA). 10 Para. Contentious cases organized by incidental proceedings, States entitled to appear before the Court, States not members of the United Nations parties to the Statute, States not parties to the Statute to which the Court may be open, Declarations recognizing the jurisdiction of the Court as compulsory, Organs and agencies authorized to request advisory opinions, Series A: Collection of Judgments (1923-1930), Series B: Collection of Advisory Opinions (1923-1930), Series A/B: Collection of Judgments, Orders and Advisory Opinions (from 1931), Series C: Acts and documents relating to Judgments and Advisory Opinions given by the Court / Pleadings, Oral Arguments and Documents, Series D: Acts and Documents concerning the organization of the Court, Summaries of Advisory Opinions and Orders. 67. F Sir Christopher John Greenwood is a former British judge at the International Court of Justice, on which he served from 2009 to 2018. We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Judge Peter Tomka of Slovakia agreed with Donoghue that the Court ought not to have exercised its discretion to comply with the General Assembly's request for an advisory opinion; however, he voted with the majority on all merits issues. The people, known at the time as the Ilois, are today known as Chagos Islanders or Chagossians. Op., Donoghue, J.
Greenwood has been appointed as the new master of Magdalene College, Cambridge, succeeding Rowan Williams, and will be taking up his post from 1 October 2020. Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, COPYRIGHT: © 2019 by The American Society of International Law, Find out more about sending to your Kindle, Find out more about sending content to Dropbox, Find out more about sending content to Google Drive, https://www.cnic.navy.mil/regions/cnrj/installations/nsf_diego_garcia/about.html, https://www.icj-cij.org/files/case-related/169/169-20180903-ORA-02-00-BI.pdf, https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-04-30/HCWS1528, The peaceful settlement of international disputes, Cases and Materials with Australian Perspectives, International Court of Justice (I): Organisation and Jurisdiction of the Court, Advisory practice and procedure: contributing to the evolution of international human rights law, R (On the Application of Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs.
The dispute was arbitrated by a arbitral tribunal constituted under Annex VII of the 1982 United Nations Convention on Law of the Sea. 1514 (XV) (Dec. 14, 1960), which states, at paragraph 6: “Any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of a country is incompatible with the purposes and principles of the Charter of the United Nations.”)). * Views captured on Cambridge Core between
Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (I.C.J.) This was the first case regarding a unilateral declaration of independence to be brought before the court. In Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, the International Court of Justice (ICJ) delivered its Advisory Opinion on the two questions posed in the UN General Assembly's request. Accordance with International Law of the Unilateral Declaration of Independence In Respect of Kosovo was a request for an advisory opinion referred to the International Court of Justice by the United Nations General Assembly regarding the 2008 Kosovo declaration of independence. In 1969, Spain returned the region of Ifni to Morocco.
It did so in a manner that implicated the ICJ's role as the judicial organ of the United Nations, in whose General Assembly and other political bodies the next episodes in the Chagos controversy seem destined to unfold. The islands were converted into a new British colony, which the United Kingdom refers to as the “British Indian Ocean Territory.” All residents of the Archipelago, approximately 2,000 native inhabitants, were … 8 Paras. 50.
[1], On 23 June 2017, the UNGA voted in favour of referring the territorial dispute between Mauritius and the UK to the ICJ in order to clarify the legal status of the Chagos Islands archipelago in the Indian Ocean. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your
4 Paras. Op., Donoghue, J.; see also Decl., Tomka, J., paras. The depopulation of Chagossians from the Chagos Archipelago was the forced expulsion of the inhabitants of the island of Diego Garcia and the other islands of the British Indian Ocean Territory (BIOT) by the United Kingdom, at the request of the United States, beginning in 1968 and concluding on 27 April 1973 with the evacuation of Peros Banhos atoll. The British Indian Ocean Territory (BIOT) is a British overseas territory of the United Kingdom situated in the Indian Ocean halfway between Tanzania and Indonesia.
1 Diss. 85 (quoting Western Sahara, Advisory Opinion, 1975 ICJ Rep. 12, para. 3 Paras. 19 See Reservations to the Convention on Genocide, International Court of Justice, Advisory Opinion, 1951 ICJ Rep. 15 (May 28); Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, 1996 ICJ Rep. 226 (July 8); Accordance with International Law of the Unilateral Declaration of Independence in respect of Kosovo, Advisory Opinion, 2010 ICJ Rep. 403 (July 22). The capital and largest city, Port Louis, is located on the main island of Mauritius. Most Chagossians now live in Mauritius and the United Kingdom after being evicted by the British government in the late 1960s and early 1970s so that Diego Garcia, the island where most Chagossians lived, could serve as the location for a United States military base. 34–35 (quoting GA Res. The Court deemed the United Kingdom's separation of the Chagos Islands from the rest of Mauritius in 1965, when both were colonial territories, to be unlawful and found that the United Kingdom is obliged to end "its administration of the Chagos Islands as rapidly as possible." The organization is not a United Nations agency, but the PCA is an official United Nations Observer. Over the years, the Chagos controversy surfaced in additional domestic and international fora besides those discussed in this report. 7. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. The UK government has stated that it has no doubt about its sovereignty over the Chagos, and has also said that the Chagos will be returned to Mauritius once the islands are no longer required for defence purposes. Adopted on request of the UN General Assembly, the opinion recognises that ‘the process of … 18, 2015) [hereinafter Arbitral Award]. On 25 February 2019, the International Court of Justice (hereinafter ICJ or Court) delivered its advisory opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (hereinafter Chagos Archipelagos Opinion or Opinion). All Members.
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103, 105–07. 1055 (2008), Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (I.C.J. Find out more about the Kindle Personal Document Service. See para. [4] [5] The UK House of Commons considered this resolution on 3 July 2019. Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. Answering questions posed by the UN General Assembly, the International Court of Justice (ICJ or Court) concluded that because the Chagos Archipelago was detached from Mauritius as a condition of independence, the decolonization of Mauritius had not been completed in accordance with international law. Chambers and Committees Judges ad hoc. This chain of islands is the southernmost archipelago of the Chagos-Laccadive Ridge, a long submarine mountain range in the Indian Ocean.
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