Maritime Delimitation and Territorial Questions between Qatar and Bahrain (Qatar v. Bahrain) - The Court directs a further round of written pleadings

INTERNATIONAL COURTOFJUSTICE
Peace Palace, 2517 KJ The Hague. Tel.(31-70-302 23 23). Cables: Intercourt, The Hague.

Telefax (31-70-364 99 28). Telex 32323. Internet address : http: Il www.icj-cij.org

Communiqué
unofficial
forimmediate release

No. 98/12

1 April 1998

Maritime delimitation and territorial questions between Qatar and Bahrain
(Qatar v. Bahrain)

The Court directs a further round of written pleadings

THE HAGUE, 1April 1998. The International Court of Justice (ICJ) ordered a further round
ofwritten pleadings in the case conceming Maritime delimitation and territorial questions between
Oatar and Bahrain (Qatar v. Bahrain). By an Order dated 30 March 1998, the Court directed the

submission, by each of the Parties, of a Reply on the merits by 30 March 1999.

Moreover, Bahrain having challenged the authenticity of 81 documents produced by Qatar,
the Court decided that, by 30 September 1998, Qatar should file an interim report, to be as
comprehensive and specifie as possible, on the question of the authenticity of each of these
documents. The Court specified that Qatar's Reply should contain its detailed and definitive

position on the question and that Bahrain's Reply should contain its observations on
Qatar's interim report. Subsequent procedure has been reserved for further decision.

History of the d)spute

On 8 July 1991, Qatar filed in the Registry of the Court an Application instituting
proceedings against 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". These disputes bad arisen following decisions taken
by the British Govemment during the time of its presence in Bahrain and Qatar (which ended in
1971).

In its Application, Qatar founded the jurisdictionof the Court upon certain agreements
allegedly concluded by the Parties in 1987 and 1990. In July 1991, Bahrain contested the basis of
jurisdiction invoked by Qatar. The President of the Court then decided, after consultations with the
Parties, that the proceedings should first address the issue of the jurisd iction of the Court and the

admissibilityof the Application. Written pleadings were exchanged and hearings were held from
28 February to Il March 1994.

On 1 July 1994, the Court delivered a Judgment by which it found that the exchanges of
letters between the King of Saudi Arabi a and the Emir of Qatar, dated 19 and 21 December 1987,
and between the King of Saudi Arabia and the Emir of Bah rain, dated 19 and 26 Decem ber 1987,

and the document headed "Minutes" and signed at Doba on 25 December 1990by the Ministers of
Foreign Affairs ofBahrain, Qatar and Saudi Arabia, were international agreements creating rights
and obligations for the Parties; and that by the terms of those agreements, the Parties bad
undertaken to submit to the Court the whole of their dispute. Having noted that it had only an
Application from Qatar, the Court decided ta afford the Parties the opportunity to submit the whole

of the dispute jointly to it. - 2 -

On 15 February 1995, the Court delivered a further Judgment by which, in the absence of
an agreement between the Parties to submit the dispute jointly to it, it found thithad jurisdiction
to adjudicate upon the dispute and that the Application of Qatar (as formulated by that State on
30 November 1994 and presented by a separate act) was admissible. Accordingly, the dispute
submitted to the Court now includes the following matters:

"L The Hawar Islands, including the island of Jana;

2. Fasht al Dibal and Qit'at Jaradah;

3. The archipelagic baselines;

4. Zubarah; .

5. The areas for fishing for pearls and for fishing for swimming fish
and any other matters connected with maritime boundaries."

After the filingof a Memorial by each of the Parties on 30 Septernber 1996, the President
of the Court fixed 31 Decem ber 1997 as the time-1imit for the fi 1ing of their Counter- Memorial s.
Bath were filed within that time-limit. -

By a letter dated 25 September 1997, Bahrain informed the Court that it challenged the
authenticity of 81 documents produced by Qatar as annexes to its Memorial. Accord ingly, Bahrain
announced that itwould disregard the content of these documents for the purposes of preparing its
Counter-Memorial, which bad ta be filed by 31 December 1997.

On 8 October 1997, Qatar stated that the objections raised by Bahrain came tao late and that
it could not answer them in its Counter-Memorial.

Bahrain then stated that the use by Qatar ofthe challenged documents gave rise to procedural
difficulties that could affect the orderly developmentof the case. It observed that the question of
the authenticity of the said documents was "logically preliminary ta ... the determination of its
substantive effect".

After the filing of the Counter-Memorials on 23 December 1997, Bahrain, noting that Qatar
continued to rely on the challenged documents, again emphasized the need for the Court ta decide

the question of their authenticity as a preliminary issue.

•

Website address of the Court: http://www.icj-cij.org

Information Department:
Mr. Arthur Witteveen, Secretary of the Court (tel: 31-70-302 2336)
Mrs. Laurence Blairon, Information Officer (tel: 31-70-302 2337)