Qatar brings a case against Bahrain

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The Hague. Tel. (070- 392 44 41). Cables: lntercourt, The Hague.·

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Communiqué

unofficial
fur immediate release

No. 91/21
8 Ju1y 1991

Qatar brings a case against Bahrain

The following information is communicated to the Press by the
Registry of the International Court of Justice:

Today, 8 Ju1y 1991, the Government of the State of Qatar filed in
the Registry of the Court an Application instituting proceedings against
the Government of the State of Bahrain "in respect of certain existing
disputes between them relating to sovereignty over the Hawar islands,
sovereign rights over the shoals of Dibal and Qit'at Jaradah, and the
delimitation of the maritime areas of the two States",

Qatar claims that its sovereignty over the Hawar islands is well
founded on the basis of customary international law and applicable local
practices and customs. It has therefore continuously opposed a decision
announced by the British Government in 1939, during the time of the

British presence in Bahrain and Qatar (which came to an end in 1971),
that the islands belonged to Bahrain. This decision was, in the view of
Qatar, invalid, beyond the power of the British in relation to the two
States, and not binding on Qatar.

With regard to the shoals of Dibal and Qit'at Jaradah, a further
decision of the British Government in 1947 to delimit the sea-bed
boundary between Bahrain and Qatar purported to recognize that Bahrain
had "sovereign rights" in the areas of those shoals. In that decision
the view was expressed that the shoals should not be considered to be
islands having territorial waters, Qatar has claimed and continues to
claim that such sovereign rights as exist over the shoals belong to
Qatar; it also considera however that these are shoals and not islands.
Bahrain claimed in 1964 that Dibal and Qit'at Jaradah were islands
possessing territorial waters, and belonged to Bahrain, a claim rejected
by Qatar.

With regard to the delimitation of the maritime areas of the two
States, in the letter informing the Rulers of Qatar and Bahrain of the
1947 decision it was stated that the British Government considered that
the line divided ''in accordance with equitable principles" the sea-bed
between Qatar and Bahrain, and that it was a median line based generally
on the configuration of the coastline of the Bahrain main island and the

peninsu1a of Qatar. The 1etter further specified two exceptions. One
concerned the statua of the shoalsj the other that of the Hawar islands.

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Qatar states that it did not oppoee that part of the delimitation
line which the British Government a.tated was bas~d on the configm·ati.on
of the coastlines of the two States and was determined in accordance .,..!th
equitable principles. It rejected and still rejects the c!aim made by
Bahrain in 1964 (that State having refused to accept the above-mentioned

delimitation by the British Government) of a new line delimiting the
sea-bed boundary of the two States. Qatar bases i'.:s claims with respect
to delimitation on customary internatiorLal law and applicable loccl
practices and customs.

Basing the Court's jurisdiction, in accordance with Article 36 (1)
of the Court's Statute, on express commitments stated to have been made
by Bahrain and itself in agreements of December 1987 and December 1990

concluded in the context of mediation by King Fahd of Saud! Arabia, and
referring to the Parties' agreement upon the subject and scope of the
disputes to be referred to the Court, the State of Qatar requests the
Court:

•·r. To adjudge and declare in accordance with international law

(A) that the State of Qatar bas sovereignty over the Hawar
islands; and

(B) that the State of Qatar has sovereign rights over Dibal
and Qit'at Jaradah shoals,

and

II. With due regard to the line dividing the sea-bed of the two
States described in the British decision of

23 December 1947, to draw in accordance with international
law a single maritime boundary between the maritime areaR
of sea-bed, subso il and super jacent wa.ters appertnining
respectively to th~ State of Qatar and the State of
Bahrain."

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