INTERNATIONAL COURT OF ruSTICE
Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:
[email protected]. Internet address: http://www.icj-cij.org.
Press Release
Unofficial
No. 200114
22 February 2001
Land and Maritime Boundary between Cameroon and Nigeria
(Cameroon v. Nigeria: Equatorial Guinea intervening)
The Court authorizes Cameroon to submit an additional written pleading
relating solelyto Nigeria's counter-claims
THE HAGUE, 22 February 2001. The International Court of Justice (ICJ) has authorized
the submission by Cameroon of an additional written pleading in the case conceming the Land and
Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria: Equatorial Guinea
intervening).
In its Order of 30 June 1999, whereby it had found that the counter-claims submitted by
Nigeria were admissible, the Court, after indicating that it considered it necessary for Cameroon to
file a Reply and for Nigeria to file a Rejoinder, relating to the claims ofboth Parties, had added the
following:
"it is necessary moreover, in arder to ensure equality between the Parties, to reserve
the right of Cameroon to present, within a reasonable period of time, its views in
writing a second time on the Nigerian counter-claims, in an additional pleading which
may be the subjectof a subsequent Order" (see Press Release 99/37).
By a letter of 24 January 2001, Cameroon notified the Court that it wished to submit an
additional pleading "to rectify a number of errors of fact or of law made by Nigeria in the
presentation of [its] counter-claims" and suggested that 4 July 2001 should be fixed as the
time-limit for filing this additional pleading. letter of 5 February 2001, Nigeria indicated that
it had no objection to Cameroon's submission of such a pleading within the proposed time-limit
provided it was confined to responding to Nigeria's counter-claims.
By an Order of 20 February 2001, the Court, taking account of the agreement of the Parties,
authorized the submission by Cameroon of the requested additional pleading. It decided that the
additional pleading, which will relate solely to the counter-claims submitted by Nigeria, shall be
filed no later than 4 July 2001. The subsequent procedure was reserved for further decision.
History of the proceedings
On 29 March 1994, Cameroon filed an application instituting proceedings against Nigeria in
respect of a dispute described as "relat[ing] essentially to the question of sovereignty over the
Bakassi Peninsula", which it claimed was in part under military occupation by Nigeria, and \/
-2-
requested the Court to "determine the course of the maritime boundary bètween the two States
beyond the line fixed in 1975".
As a basis for the jurisdiction of the Court, Cameroon referred to the declarations made by
both States whereby they accept that jurisdiction as compulsory (Art. 36, para. 2, of the Statute of
the Court).
In an additional application filed on 6 June 1994, Cameroon extended the case to a further
dispute with Nigeria relating to "the question of sovereignty 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 determine
reparation for the material and non-material damage inflicted.
By Order of 16 June 1994, the Court noted that Nigeria had no objection to the Additional
Application being treated as an amendment to the initial Application, and accordingly fixed
16March 1995 as the time-limit for the filing of a Memorial by Cameroon and 18 December 1995
as the time-limit for the filingof a Counter-Memorial by Nigeria. Those written pleadings were
filed within the prescribed time-limits.
On 13 December 1995, within the time-limit for the filing of its Counter-Memorial, Nigeria
raised preliminary objections to the jurisdictionof the Court and to the admissibility of Cameroon's
claims. The proceedings on the merits were accordingly suspended and the President of the Court
fixed 15 May 1996 as the time-limit within which Cameroon had to present a written statement of
its observations and submissions on those preliminary objections. 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" had 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 shoul en~sure that no action of any kind, and
particularly no action by their armed forces, is taken which might prejudice the rights of the other
in respect of whatever judgment the Court may render in the case, or which might aggravate or
extend the dispute before it".
On 11 June 1998, the Court delivered a Judgment whereby it 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 of the dispute. It further declared that it had jurisdiction •
in the case and found Cameroon's claims admissible. This Judgment formed the object of a request
for interpretation by Nigeria, which, in separate proceedings, was declared inadmissible by a
Judgment of25 March 1999.
By an Order of 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 of Nigeria. At the request
of Nigeria this time-limit was extended to 31 May 1999 by an Order of 3 March 1999.
Nigeria's Counter-Memorial was filed within the time-limit thus extended. It contained
counter-claims, in which the Court was asked to declare that certain incidents "engage[d] the
international responsibility of Cameroon, with compensation in the form of damages, if not agreed
between the Parties, then to be awarded by the Court in a subsequent phase of the case".
By an Order of 30 June 1999, the Court ruled that those counter-claims were "admissible as
such and form[ed] part of the current proceedings". It decided that Cameroon should submit a
Reply and Nigeria a Rejoinder, relating to the claims ofboth Parties, and fixed the time-limits for
those pleadings at 4April2000 and 4 January 2001 respectively. - 3 -
On 30 June 1999, Equatorial Guinea filed an Application for permission to intervene in the
case, stating that the purpose ofits intervention would be "to protect [its] legal rights in the Gulf of
Guinea by ali legal means" and "to inform the Court of Equatorial Guinea's legal rights and
interests so that these may remain unaffected as the Court proceeds to address the question of the
maritime boundary between Cameroon and Nigeria". Equatorial Guinea made it clear thatit did
not seek to intervene in those aspectsthe proceedings that relate to the land boundary between
Cameroon and Nigeria, nor to becorne a party to the case. The Court fixedAugust 1999 as the
time-limit for the filingwritten observations by Cameroon and Nigeria on Equatorial Guinea's
Application. Those written observations were filed within the prescribed time-limit.
By an Order of 21 October 1999, the Court authorized Equatorial Guinea to intervene in the
case "to the extent, in the manner and for the purposes set out in its Application for permission to
intervene". It fixed 4 April 2001 as the time-1imit for the filing of a written statement by Equatorial
Guinea and 4 July2001 as the time-limit for the filing ofwritten observations by Cameroon and by
Nigeriaon that statement.
The fuli text of the Order will shortly be available on the Court's website at the following
address:http://www .icj-cij .org.
Information Office:
Mr. Arthur Witteveen, First Secretary (tel: 70 302 2336)
Mrs. Laurence Blairon, Information Officer (t+l31 70 302 2337)
E-mail address: information@icj -cij.org
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Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria) - The Court authorizes Cameroon to submit an additional written pleading relating solely to Nigeria's counter-claim