CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE ICJ CHAGOS ARCHIPELAGO ADVISORY OPINION … BIOT from Mauritius (IV.) and its ensuing findings (V.). In the end, some aspects of some Separate Opinions will be discussed (VI.). I. Geography and General History of the Chagos Archipelago The Court set out by stating that the Republic of Mauritius consists of a group of islands in the Indian Ocean. It comprises approximately 1,950 sq km and is located about 900 km east of Madagascar. Chagos Archipelago lies about 2,200 km north-east of Mauritius and consists of a number of islands and atolls. The largest island is Diego Garcia, accounting for more than half of the archipelago’s total land area. 1 In 1814, France ceded its colony ofMauritius and all its dependencies (including Seychelles and Chagos but excluding Reunion) to the UK in the Treaty of Paris. 2 Subsequently, the UK administered the Chagos Archipelago as a dependency of the colony of Mauritius. 3 Mauritius in general was regarded as a non-self-governing territory. 4 In 1960, the UN General Assembly adopted resolution 1514 (XV) on the “Declaration on the Granting of Independence to Colonial Countries and Peoples”. In order to monitor its implementation, resolution 1654 (XVI) established a Special Committee on Decolonisation against the background of which the UK-Mauritius Decolonization Talks began. 5 Negotiations between theUKand the Premier of the colony ofMauritius regarding a detachment of theChagos Archipelago from Mauritius led to the “Lancaster House Agreement” of 23 September 1965, 6 pursuant to which the UK created a new colony, the “British Indian Ocean Territory” (BIOT), consisting of the Chagos Archipelago. 7 Since 1964, the UK and the USA had been discussing the possibilities of establishing US military facilities on the island of Diego Garcia, the major island of the Chagos Archipelago. In 1965, 1966 and 1967 the General Assembly adopted several resolutions on Mauritius. It expressed its concern about the detachment of the Chagos Archipelago and other islands from Mauritius for the purpose of establishing an American military base. 8 It further reiterated that “any attempt aimed at the partial or total disruption of the national unity and the territorial integrity of colonial Territories and the establishment of military bases and installations in these Territories is incompatible with the purpose and principle of the Charter of the United Nations and of General Assembly resolution 1514 (XV).” 9 Finally, it determined that the dismemberment of Mauritius would violate its territorial integrity. 10 1 Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, Advisory Opinion (Feb. 25, 2019), [hereinafter Opinion], at paras. 25 et seq. 2 Id. at para. 27; Art. VIII Treaty of Paris. 3 Opinion at para. 28. 4 See Art. 73 Charter of the United Nations. 5 Opinion at para. 30. 9 Opinion at para. 35; “Question of American Samoa, Antigua, Bahamas, Bermuda, BritishVirgin Islands, Cayman Islands, Cocos (Keeling) Islands, Dominica, Gilbert and Ellice Islands, Grenada, Guam, Mauritius, Montserrat, New Hebrides, Niue, Pitcaim, St. Helena, St. Kitts-Nevis-Anguilla, St. Lucia, St. Vincent, Seychelles, Solomon Islands, Tokelau Islands, Turks and Caicos Islands and the United States Virgin Islands” UN GA Res. 2232 (XXI) of 20. 12. 1966. 10 Opinion at para. 39; “Question of American Samoa, Antigua, Bahamas, Bermuda, British Virgin Islands, Brunei, 6 Id. at para. 32. 7 Id. at para. 33. 8 Id. at para. 34; “Question of Mauritius” UN GA Res. 2066 (XX) of 16. 12. 1965.

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