INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ ThèHague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.
Telefax (31-70-364 99 28). Telex 32323. Internet address: http: // www.icj-cij.org
Communiqué
unofficial
forimmediaterelease
No. 99/37
1 July 1999
Case concerniug Land and Maritime Boundary between Cameroon and Nigeria
(Cameroon v. Nigeria)
The Court finds Nigeria's counter-claims admissible
and fixes time-limits for the filing of further written pleading,s
THE HAGUE, 1 July 1999. The International Court of Justice (ICJ) has ruled, by an Order of
• 30 June 1999, that counter-claims submitted by Nigeria against Cameroon in the case con!&nding
and Maritime Boundazybetween Cameroon and Nigeria (Cameroon v. Nigeria) are "admissible as such
and fonn part of the current proceedings".
Nigeria submitted those daims in the Counter-Memorial that it filed last May. Contending that,
inîtswritten pleadings, "Cameroon cited [a] . . . variety of 'incidents'along the border and, . . . with
respectto sorne of these ...brought in issue the international responsibility of Nigeria", Nigeria
pointed out that "there are [however] many cases in which incursions are occurring along the border
from the Cameroon side and for which Cameroon is intemationally responsible". Nigeria accordingly
asked the Court to declare that the incidents referred to "engage the international responsibility of
Cameroon, with compensation in the fonn of damages, if not agreed between the Parties, then to be
awarded by the Court in a subsequent phase of the case".
Cameroon did not challenge Nigeria's right to submit counter-claims.
The Court'sruling on the admissibility ofNigeria's counter-claims means that those claims will
be examined bythe Court simultaneously with Cameroon'sclaims during the proceedings on the merits.
Uoder the Rules of Court (Art. 80, para. 1), a counter-claim may be presented provided that it
is directly connected with the subject-matter of the claim of the other party and that it cornes within
the jurisdiction the Court.
In its Order, the Court states that Nigeria's counter-claims do indeed come within its jurisdiction
and that they are "directly connected with the subject-matterclaim[s] of the other [P]arty": they
"rest on facts ofthe same nature as the corresponding daims ofCameroon" and those facts "are alleged
to have occurred along the frontier between the two States". Moreover, the claims of both States
"pursue the same legal aim, namely the establishment of legal responsibility and the detennination of
the reparation due on this account".
Taking into account these conclusions and the views expressed by the Agents of the Parties at
a meeting held with them by Judge Schwebel, President of the Court, on 28 June 1999, the Court has
decided that therties should submit further written pleadings on the merits of their respective daims.
Cameroon is to file a Reply by 4 April 2000 and Nigeria a Rejoinder by 4 January 2001.
In order ta ensure strict equality between the Parties, the Court reserved the right of Cameroon
to present its views in writing a second time on the Nigerian counter-claims, in an additional pleading
whi.chmay be the subject of a subsequent Order. Background information
On 29 March 1994, Cameroon filed an application instituting proceedings against Nigeria in a
dispute conceming the question of sovereignty over the Bakassi Peninsula, which it claimed was in part
under military occupation by Nigeria, and requested the Court to determine the course of the maritime
frontier between the two States in so far as that frontier bad not already been established by the
Maroua Declaration signed by the Cameroonian and Nigerian Heads of State in 1975.
As a basis for the jurisdiction of the Court, Cameroon referred to the declarations made by bath
States whereby they accept that jurisdiction as compulsory (Article 36, paragraph 2, of the Statute of
the Court). ~
In an additional application filed on6 June 1994, Cameroon extended the case to a further
dispute with Nigeria over "a part of the territory of Cameroon in the area of Lake Chad", which it
claimed was also occupied by Nigeria. Cameroon asked the Court to specify definitively the frontier
between itself and Nigeria from Lake Chad to the sea, to order the withdrawal of Nigerian troops from
Cameroonian territory and to detennine reparation for the material and non-material damage inflicted.
On 13 December 1995, Nigeria raised preliminary objections to the jurisdiction of the Court and
to the admissibility ofCameroon's claims. The proceedings on the merits were accordingly suspended.
By an Order of 10 January 1996, the then President of the Court, Judge Mohammed Bedjaoui, taking
into account the views expressed by the Parties, fixed 15 May 1996 as the time-Iimit within which
Cameroon had to present a written statement of itsobservations and submissions on the preliminary
objections raised by Nigeria. That statement was filed within the prescribed time-limit.
On 12 February 1996, Cameroon requested the Court to indicate provisional measures after
"serious armed incidents" bad taken place between Cameroonian and Nigerian forces in the Bakassi
Peninsula. Public hearings were held between 5 and 8 March 1996, and on 15 March 1996 the Court
made an Order stating that "both Parties should ensure that no action of any kind, and particularly no
action by their armed forces. is tak.en which might prejudice the rights of the other in respect of
whatever judgment the Court may render in the case, or which mîght aggravate or extend the dispute
before ît".
In a Judgment rendered on 11 June 1998, the Court rejected seven of the preliminary objections
raised by Nigeria and declared that an eighth one would have to be dealt with during the proceedings •
on the merits. lt further declared that it had jurisdiction in the case and found Cameroon's claims
admissible.
By an Order dated 30 June 1998, the Court, after ascertaining the views of the Parties, fixed
31 March 1998 as the time-limit for the filing of the Counter-Memorial ofNigeria. At the request of
Nigeria this time-limit was extended to 31 May 1999 by an Order of 3 March 1999.
The Court's Order will shortly be available on the Court's website (address:
http://www.icj·cij.org).
Information Office
Mr. Arthur Wîtteveen, Secretary of the Court (tel: + 31 70 302 23 36)
Mrs. ·Laurence Blairon, Information Officer (tel: + 31 70 302 23 37)
E-mail address: [email protected]
Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria) - The Court finds Nigeria's counter-claims admissible and fixes time-limits for the filing of further written pleadings