Order of 14 July 2017

14 JUILLET 2017
ORDONNANCE
EFFETS JURIDIQUES DE LA SÉPARATION DE L’ARCHIPEL DES CHAGOS DE MAURICE EN 1965
(REQUÊTE POUR AVIS CONSULTATIF)
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LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
14 JULY 2017
ORDER
INTERNATIONAL COURT OF JUSTICE
YEAR 2017
2017
14 July
General List
No. 169
14 July 2017
LEGAL CONSEQUENCES OF THE SEPARATION OF THE CHAGOS ARCHIPELAGO FROM MAURITIUS IN 1965
(REQUEST FOR ADVISORY OPINION)
ORDER
Present: President ABRAHAM; Vice-President YUSUF; Judges OWADA, TOMKA, BENNOUNA, CANÇADO TRINDADE, XUE, DONOGHUE, GAJA, SEBUTINDE, ROBINSON, GEVORGIAN; Registrar COUVREUR.
The International Court of Justice,
Composed as above,
After deliberation,
Having regard to Articles 48, 65 and 66 of the Statute of the Court and to Articles 104 and 105 of the Rules of Court,
Makes the following Order:
Whereas on 22 June 2017 the United Nations General Assembly adopted, at the 88th meeting of its Seventy-first Session, resolution 71/292, by which it decided, pursuant to Article 65 of the Statute of the Court, to request the International Court of Justice to render an advisory opinion on the following questions:
(a) “Was the process of decolonization of Mauritius lawfully completed when Mauritius was granted independence in 1968, following the separation of the Chagos Archipelago from Mauritius and having regard to international law,
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including obligations reflected in General Assembly resolutions 1514 (XV) of 14 December 1960, 2066 (XX) of 16 December 1965, 2232 (XXI) of 20 December 1966 and 2357 (XXII) of 19 December 1967?”;
(b) “What are the consequences under international law, including obligations reflected in the above-mentioned resolutions, arising from the continued administration by the United Kingdom of Great Britain and Northern Ireland of the Chagos Archipelago, including with respect to the inability of Mauritius to implement a programme for the resettlement on the Chagos Archipelago of its nationals, in particular those of Chagossian origin?”;
Whereas certified true copies of the English and French texts of that resolution were transmitted to the Court under cover of a letter from the Secretary-General of the United Nations dated 23 June 2017 and received on 28 June 2017;
Whereas the Secretary-General indicated in his letter that, pursuant to Article 65, paragraph 2, of the Statute, all documents likely to throw light upon the question would be transmitted to the Court as soon as possible;
Whereas, by letters dated 28 June 2017, the Registrar gave notice of the request for an advisory opinion to all States entitled to appear before the Court, pursuant to Article 66, paragraph 1, of the Statute,
1. Decides that the United Nations and its Member States, which are likely to be able to furnish information on the question submitted to the Court for an advisory opinion, may do so within the time-limits fixed in this Order;
2. Fixes 30 January 2018 as the time-limit within which written statements on the question may be presented to the Court, in accordance with Article 66, paragraph 2, of the Statute;
3. Fixes 16 April 2018 as the time-limit within which States and organizations having presented written statements may submit written comments on the other written statements, in accordance with Article 66, paragraph 4, of the Statute; and
Reserves the subsequent procedure for further decision.
Done in French and in English, the French text being authoritative, at the Peace Palace, The Hague, this fourteenth day of July, two thousand and seventeen.
(Signed) Ronny ABRAHAM,
President.
(Signed) Philippe COUVREUR,
Registrar.
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