Frontier Dispute (Burkina Faso/Niger) - The Court determines the course of the frontier between the two States in the sector running from the astronomic marker of Tong-Tong to the beginning of the Bot

INTERNATIONAL COURT OF JUSTICE
Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands
Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928
Website: www.icj-cij.org

Press Release
Unofficial

No. 2013/8
16 April2013

Frontier Dispute (Burkina Faso/Niger)

The Court determines the course of the frontier between the two States
in the sector running from the astronomic marker of Tong-Tong
to the beginning of the Botou bend

THE HAGUE, 16 April 2013. The International Court of Justice (ICJ), the principal judicial
organ of the United Nations, today delivered its Judgment in the case concerning the Frontier
Dispute (BurkinaFaso/Niger).

In its Judgment, which is final, without appeal and binding on the Parties, the Court

(1) finds, unanimously, that it cannot uphold the requests made in points 1 and 3 of the final
submissions of Burkina Faso;

(2) decides, unanimously, that, from the Tong -Tong astronomic marker, situated at the point with
geographic co-ordinates 14° 24' 53.2" N; 00° 12' 51.7" E, to the Tao astronomic marker, the

precise co -ordinates of which remain to be determined by the Parties as specified in
paragraph 72 of the present Judgment, the course of the frontier between Burk ina Faso and the
Republic of Niger takes the form of a straight line;

(3) decides, unanimously, that, from the Tao astronomic marker, the course of the frontier follows
the line that appears on the 1:200,000-scale map of the Institut géographique national (IGN) de
France, 1960 edition, (hereinafter the “IGN line”) until its intersection with the median line of
the River Sirba at the point with geographic co-ordinates 13° 21' 15.9" N; 01° 17' 07.2" E;

(4) decides, unanimously, that, from this latter point, the course of the frontier follows the median

line of the River Sirba upstream until its intersection with the IGN line, at the point with
geographic co-ordinates 13° 20' 01.8" N; 01°07' 29.3" E; from that point, the course of the
frontier follows th e IGN line, turning up towards the north- west, until the point, with
geographic co-ordinates 13° 22' 28.9" N; 00° 59' 34.8" E, where the IGN line turns south. At
that point, the course of the frontier leaves the IGN line and continues due west in a stght
line until the point, with geographic co- ordinates 13° 22' 28.9" N; 00° 59' 30.9" E, where it
reaches the meridian which passes through the intersection of the Say parallel with the right
bank of the River Sirba; it then runs southwards along that me ridian until the said intersection,

at the point with geographic co-ordinates 13° 06' 12.08" N; 00° 59' 30.9" E; - 2 -

(5) decides, unanimously, that, from this last point to the point situated at the beginning of the
Botou bend, with geographic co- ordinates 12° 36' 19.2" N; 01° 52' 06.9" E, the course of the

frontier takes the form of a straight line;

(6) decides, unanimously, that it will nominate at a later date, by means of an Order, three experts
in accordance with Article 7, paragraph 4, of the Special Agreement of 24 February 2009.

1. Procedural, historical and factual background of the case

The Court recalls that, by a joint letter of notification dated 12 May 2010, Burkina Faso and

Niger transmitted to the Registrar a Special Agreement, whereby they agreed to submit to the Court
the frontier dispute between them over a section of their common boundary. Attached to this letter
were the Protocol of Exchange of the Instruments of Ratification of the said Special Agreement and
an exchange of Notes, dated 29 October and 2 November 2009, placing on record the agreement
(“entente”) between the two States on the results of the work of the Joint Technical Commission on
Demarcation concerning the demarcated sectors of the frontier running, in the north, from the
heights of N’Gouma to the astronomic marker of Tong -Tong and, in the south, from the beginning

of the Botou bend to the River Mekrou. The Court further recalls that it was requested, in Article 2
of the said Special Agreement, to determine the course of t he boundary between Burkina Faso and
Niger in the sector from the astronomic marker of Tong -Tong to the beginning of the Botou bend
and to place on record the Parties’ agreement [“leur entente”] on the results of the work of the Joint
Technical Commission on Demarcation of the boundary. Before responding to the Parties’ request,
the Court briefly sets out the historical and factual background of the dispute between these two
former colonies, which were part of French West Africa until they gained independence in 1960.

2. The request concerning the two sectors running, in the north, from the heights of
N’Gouma to the Tong-Tong astronomic marker and, in the south,
from the beginning of the Botou bend to the River Mekrou

The Court indicates that, when it is seised on the basis of a special agreement, any request
made by a party in its final submissions can fall within the jurisdiction of the Court only if it

remains within the limits defined by the provisions of that special agreement. However, in the
opinion of the Court, the request made by Burkina Faso in points 1 and 3 of its final submissions
does not exactly correspond to the terms of the Special Agreement, since that State does not request
the Court to “place on record the Parties’ agreement” (“leur en tente”) regarding the delimitation of
the frontier in the two demarcated sectors, but rather to delimit itself the frontier according to a line
that corresponds to the conclusions of the Joint Technical Commission. Although the Court has the
power to interpret the final submissions of the Parties in such a way as to maintain them within the

limits of its jurisdiction under the Special Agr eement, that is not, however, sufficient to entertain
such a request: the object of that request must also fall within the Court’s judicial function, which
is to decide, in accordance with international law, such disputes as are submitted to it. However, in
the present case, neither of the Parties has ever claimed that a dispute continued to exist between
them concerning the delimitation of the frontier in the two sectors in question on the date when the
proceedings were instituted  nor that such a dispute has subsequently arisen. Accordingly, t he
Court considers that Burkina Faso’s request exceeds the limits of its judicial function.

3. The course of the section of the frontier remaining in dispute

A. Applicable law

The Court observes that Article 6 of the Special Agreement, entitled “Applicable law”,
highlights, amongst the rules of international law applicable to the dispute, “the principle of the - 3 -

intangibility of boundaries inherited from colonization and the Agreement of 28 March 1987”. It
notes that the first two articles of that Agreement specify the acts and documents of the French

colonial administration which must be used to determine the delimitation line that existed when the
two countries gained in dependence. It observes in this connection that it follows from the
1987 Agreement that the Arrêté of 31 August 1927 adopted by the Governor-General ad interim of
FWA with a view to “fixing the boundaries of the colonies of Upper Volta and Niger”, as clarified
by its Erratum of 5 October 1927, is the instrument to be applied for the delimitation of the
boundary. It further observes that the 1987 Agreement provides for the possibility of “the Arrêté
and Erratum not suffic[ing]” and establishes that, in that event, “ the course shall be that shown on

the 1:200,000-scale map of the Institut géographique national de France, 1960 edition”.

B. The course of the frontier

1. The course of the frontier between the Tong-Tong and Tao astronomic markers

The Court is of the opinion that a straight line connecting the two markers should be
regarded as constituting the frontier between Burkina Faso and Niger in the sector in questi on,

since the colonial administration officials interpreted the Arrêté in that manner.

2. The course of the frontier between the Tao astronomic marker and the River Sirba at
Bossébangou

The Court notes that it is not possible to determine from the Arrêté how to connect the Tao
astronomic marker to “the River Sirba at Bossébangou”. Recourse must therefore be had to the

line appearing on the 1960 IGN map. Moreover, the Court declares that it cannot uphold Niger’s
requests that the said line be shifted slig htly at the level of the localities of Petelkolé and
Oussaltane, on the ground that these were purportedly administered by Niger during the colonial
period. According to the Court, once it has been concluded that the Arrêté is insufficient, and in so
far as it is insufficient, the effectivités can no longer play a role in the present case.

3. The course of the frontier in the area of Bossébangou

The Court considers that, according to the description in the Arrêté , the frontier line, after
reaching the median line of the River Sirba while heading towards Bossébangou, at the point called
point SB on sketch-maps 1, 2, 3 and 4, follows that line upstream until its intersection with the IGN
line, at the point called point A on sketch-maps 3 and 4. From that point, since the Arrêté does not
suffice to determine precisely the course of the frontier line, that line follows the IGN line, turning
up towards the north- west until the point , called point B on sketch- map 3, where the IGN line

markedly changes direction, turning due south in a straight line. As this turning pointB is situated
some 200 m to the east of the meridian which passes through the intersection of the Say parallel
with the River Sirba, the IGN line does not cut the River Sirb a at the Say parallel. However — the
Court notes — the Arrêté expressly requires that the boundary line cut the River Sirba at that
parallel. The frontier line must therefore depart from the IGN line as from point B and, instead of
turning there, continue due west in a strai ght line until the point, called point C on sketch-maps3
and 4, where it reaches the meridian which passes through the intersection of the Say parallel with

the right bank of the River Sirba. According to the description in the Erratum, the frontier line then
runs southwards along that meridian until the said intersection, at the point called point I on
sketch-maps 3 and 4. - 4 -

4. The course of the southern part of the frontier

The Court observes that, according to the Arrêté, “[f]rom that point the frontier, following an
east-south-east direction, continues in a straight line up to a point located 1,200 m to the west of the
village of Tchenguiliba”. It considers that the Arrêté is precise in this section of the frontier, in that
it establishes that the fron tier line is a straight -line segment between the intersection of the Say
parallel with the Sirba and the point located 1,200 m to the west of the village of Tchenguiliba ,
which marks the start of the southern section of the already demarcated portion of the frontier.

4. Nomination of experts

The Court decides that, having regard to the circumstances of the present case, it will
nominate at a later date, by means of an Order, the experts requested by the Parties in Article 7,
paragraph 4, of the Special Agreement to assist them in the demarcation of their frontier in the area
in dispute.

Composition of the Court

The Court was composed as follows: President Tomka; Vice-President Sepúlveda-Amor;
Judges Owada, Abraham, Keith, Bennouna, Skotnikov, Cançado Trindade, Yusuf, Greenwood,
Xue, Donoghue, Gaja, Sebutinde, Bhandari; Judges ad hoc Mahiou, Daudet; RegistrarCouvreur.

Judge Bennouna appends a declaration to the Judgment of the Court;
Judges Cançado Trindade and Yusuf, as well as Judges ad hoc Mahiou and Daudet , append

separate opinions to the Judgment of the Court.

*

A summary of the Judgment appears i n the document “Summary No. 2013/ 1”. This press
release, the summary and the full text of the Judgment are available on the Court’s website
(www.icj-cij.org), under the heading “Cases”.

___________

Note: The Court’s press releases do not constitute official documents.

___________

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It was established by the United Nations Charter in June 1945 and began its activities in
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court of a universal character with general jurisdiction. - 5 -

The ICJ, a court open only to States for contentious proceedings, and to certain organs and

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Convention of 1899).

___________

Information Department:

Mr. Andrey Poskakukhin, First Secretary of the Court, Head of Department (+31 (0)70 302 2336)
Mr. Boris Heim, Information Officer (+31 (0)70 302 2337)
Ms Joanne Moore, Associate Information Officer (+31 (0)70 302 2394)
Ms Genoveva Madurga, Administrative Assistant (+31 (0)70 302 2396) Annex to Press Release 2013/8

 Sketch map No. 1: Parties’ claims and line depicted on the 1960 IGN map;

 Sketch map No. 2: Course of the frontier from the Tao astronomic marker to the point where it
“reach[es] the River Sirbaat Bossébangou”;

 Sketch map No. 3: Course of the frontier from the point where it “reach[es] the River Sirba at
Bossébangou” to the intersection of the River Sirba with the Say parallel;

 Sketch map No. 4: Course of the frontier as decided by the Court. Sketch Map 1:
PARTIES’CLAIMS AND LINE DEPICTED ONTHE 1960 IGN MAP

Thissketchmaphasbeenpreparedforillustrativepurposesonly

0º 00’ 0º 30’ 1º 00’ 1º 30’ 2º 00’ 2º 30’ 3º 00’

delimited sectors of the frontier
MALI
line claimed by Burkina Faso
line claimed by Niger
15º 00’ line shown on the 1960 IGN map 15º 00’
SB : point where the frontier“reach[es] the
Mount N’Gouma
River Sirba at Bossébangou”
P : point 1,200m west ofTchenguiliba,
marking the beginning of the Botou bend

0 20 40 60 80 100km
scaletrueat13º30’N
14º 30’ WGS84EllipsoidandDatum 14º 30’
Tong-Tong astronomic marker

Tillabéri

Tao astronomic marker

14º 00’ Téra-Dori Téra 14º 00’
motorroad Ri
in1927 v e
r
NIGER N i
ge
r
a NIAMEY
b
13º 30’ ir 13º 30’
SB S
Bossébangou

er
iv
R Say

13º 00’ 13º 00’

BURKINA

FASO

P
12º 30’ 12º 30’

ro u
ék
M
Fada N’Gourma
12º 00’ 12º 00’

r
ve
i
R

11º 30’ BENIN 11º 30’

11º 00’

0º 00’ 0º 30’ 1º 00’ 1º 30’ 2º 00’ 2º 30’ 3º 00’ Sketch Map 2:

COURSE OFTHE FRONTIE0º 20’THETAO ASTRONOMIC 0º 30’TOTHE POINTWHERE IT0º 40’[ES]THE RIVER SIRB0º 50’OSSÉBANGOU” 1º 00’ 1º 10’ 1º 20’
Thissketchmaphasbeenpreparedforillustrativepurposesonly

Tao astronomic marker
Course of the frontier as decided by the Court
Téra-Dorimotor SB : point where the frontier“reach[es] the River Sirba at Bossébangou”
Petelkolé roadin1927 Téra
14º 00’ 0 5 10 15 20 25km 14º 00’
scaletrueat13º30’N
WGS84EllipsoidandDatum

Oussaltane

13º 50’ 13º 50’

Bangaré

NIGER

13º 40’ 13º 40’

BURKINA

FASO

13º 30’ 13º 30’

rb a
Si

e r
iv SB
R Bossébangou
13º 20’ 13º 20’

0º 20’ 0º 30’ 0º 40’ 0º 50’ 1º 00’ 1º 10’ 1º 20’ Sketch Map 3:
COURSE OFTHE FRONTIER FROMTHE POINTWHERE IT“REACH[ES]THE RIVER SIRBA AT

BOSSÉBANGOU” TOTHE INTERSECTION OFTHE RIVER SIRBAWITHTHE SAY PARALLEL
Thissketchmaphasbeenpreparedforillustrativepurposesonly

1º 00’ 1º 10’

BURKINA

C B FASO

SB
S irb a
A iv er Bossébangou
13º 20’ R 13º 20’

Alfassi
(1960 IGN map)the

1º 00’
13º 23’

0 0,5 1km
C B

IGN line

Enlargement of the area
around points B and C

a
rb
Si

13º 10 r NIGER 13º 10
ve
Ri
0 5 10 15 20 25km

WGS84EllipsoidandDatum
Sayparallel(13º06’12.08”N)

I
course of the frontier as decided by the Court
SB : point where the frontier“reach[es] the River Sirba at Bossébangou”
A : Intersection of the median line of the River Sirba with the IGN line
B : Point where the IGN line turns south

C : Point where the frontier line reaches the meridian which passes
through the intersection of the Say parallel with the right bank of
the River Sirba
I : intersection of the River Sirba with the Say parallel

13º 00’ 13º 00’

1º 00’ 1º 10’ Sketch Map 4:

COURSE OFTHE FRONTIER AS DECIDED BYTHE COURT

Thissketchmaphasbeenpreparedforillustrativepurposesonly

0º 10’ 0º 20’ 0º 30’ 0º 40’ 0º 50’ 1º 00’ 1º 10’ 1º 20’ 1º 30’ 1º 40’ 1º 50’

Tong-Tong astronomic marker

14º 20’ 14º 20’

Tillabéri

14º 10’ 14º 10’

Tao astronomic marker

14º 00’ Téra-Dorimotor Téra 14º 00’
roadin1927
R
iv
13º 50’ e r 13º 50’
N
NIGER ig
e r
13º 40’ 13º 40’

BURKINA

13º 30’ FASO a 13º 30’
rb
i
C SB S
A
13º 20’ r Bossébangou 13º 20’
e
0 10 20 30 40 50km iv
scaletrueat13º30’N R
13º 10’ WGS84EllipsoidandDatum 13º 10’
I Sayparallel(13º06’12.08”N)

13º 00’ 13º 00’

course of the frontier as decided by the Court
SB : point where the frontier“reach[es] the River Sirba
12º 50’ 12º 50’
at Bossébangou”
A : Intersection of the median line of the River Sirba with the IGN line
C : Point where the frontier line reaches the meridian which passes through

12º 40’ the intersection of the Say parallel with the right bank of the River Sirba 12º 40’
I : intersection of the River Sirba with the Say parallel
P : point 1,200m west ofTchenguiliba, marking the beginning of the Botou bend P

12º 30’ 12º 30’

0º 10’ 0º 20’ 0º 30’ 0º 40’ 0º 50’ 1º 00’ 1º 10’ 1º 20’ 1º 30’ 1º 40’ 1º 50’