Immunities and Criminal Proceedings (Equatorial Guinea v. France)

OVERVIEW OF THE CASE

On 13 June 2016, the Republic of Equatorial Guinea instituted proceedings against the French Republic with regard to a dispute concerning “the immunity from criminal jurisdiction of the Second Vice-President of the Republic of Equatorial Guinea in charge of Defence and State Security [Mr. Teodoro Nguema Obiang Mangue], and the legal status of the building which houses the Embassy of Equatorial Guinea in France”.

As basis for the Court’s jurisdiction, Equatorial Guinea invoked the Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes of 18 April 1961 and the United Nations Convention against Transnational Organized Crime of 15 November 2000.

On 29 September 2016, Equatorial Guinea filed a Request for the indication of provisional measures and also requested the President of the Court to exercise his power under Article 74, paragraph 4, of the Rules of Court. By a letter of 3 October 2016, in accordance with that provision, the Vice-President of the Court, acting as President in the case, drew the attention of France “to the need to act in such a way as will enable any order the Court may make on the request for provisional measures to have its appropriate effects”.

By an Order of 7 December 2016, the Court, having heard the Parties, ordered France, pending a final decision in the case, to take all measures at its disposal to ensure that the premises presented as housing the diplomatic mission of Equatorial Guinea at 42 avenue Foch in Paris enjoy treatment equivalent to that required by Article 22 of the Vienna Convention on Diplomatic Relations, in order to ensure their inviolability. However, regarding Equatorial Guinea’s claim relating to the immunity of Mr. Teodoro Nguema Obiang Mangue, the Court considered that, prima facie, a dispute capable of falling within the provisions of the Convention against Transnational Organized Crime did not exist between the Parties, and the Court thus did not have prima facie jurisdiction under that instrument to entertain Equatorial Guinea’s Request for provisional measures.

On 31 March 2017, France filed preliminary objections to the jurisdiction of the Court and the admissibility of the Application, and the proceedings on the merits were suspended. Having held public hearings in February 2018, on 6 June 2018 the Court delivered its Judgment on the preliminary objections raised by France. In its Judgment, the Court upheld the first preliminary objection raised by France, according to which it lacked jurisdiction on the basis of Article 35 of the United Nations Convention against Transnational Organized Crime. However, it found that it had jurisdiction, on the basis of the Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, to entertain the Application of Equatorial Guinea in so far as it concerned the status of the building located at 42 avenue Foch in Paris as premises of the mission, and that this part of the Application was admissible.

After public hearings which were held in February 2020, the Court issued its Judgment on the merits of the case on 11 December 2020. The Court found that the building at 42 avenue Foch in Paris had never acquired the status of “premises of the mission” within the meaning of Article 1 (i) of the Vienna Convention on Diplomatic Relations and that France had not breached its obligations under that Convention.


This overview is provided for information only and in no way involves the responsibility of the Court.

Institution of proceedings


Written proceedings

29 September 2016
Procedure(s):Provisional measures
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30 March 2017
Procedure(s):Preliminary objections
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14 August 2019
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Oral proceedings

Verbatim record 2016/14 (bilingual version)
Public sitting held on Monday 17 October 2016, at 10 a.m., at the Peace Palace, Vice-President Yusuf, Acting President, presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Provisional measures
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Translation
(bilingual version) Translation
Verbatim record 2016/15 (bilingual version)
Public sitting held on Tuesday 18 October 2016, at 10 a.m., at the Peace Palace, Vice-President Yusuf, Acting President, presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Provisional measures
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Translation
(bilingual version) Translation
Verbatim record 2016/16 (bilingual version)
Public sitting held on Wednesday 19 October 2016, at 10 a.m., at the Peace Palace, Vice-President Yusuf, Acting President, presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Provisional measures
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Translation
(bilingual version) Translation
Verbatim record 2016/17 (bilingual version)
Public sitting held on Wednesday 19 October 2016, at 5 p.m., at the Peace Palace, Vice-President Yusuf, Acting President, presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Provisional measures
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Translation
(bilingual version) Translation
Verbatim record 2018/2 (bilingual version)
Public sitting held on Monday 19 February 2018, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Preliminary objections
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Translation
(bilingual version) Translation
Verbatim record 2018/3 (bilingual version)
Public sitting held on Tuesday 20 February 2018, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Preliminary objections
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Translation
(bilingual version) Translation
Verbatim record 2018/4 (bilingual version)
Public sitting held on Wednesday 21 February 2018, at 4.30 p.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Preliminary objections
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Translation
(bilingual version) Translation
Verbatim record 2018/5 (bilingual version)
Public sitting held on Friday 23 February 2018, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
Procedure(s):Preliminary objections
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Translation
(bilingual version) Translation
Verbatim record 2020/1 (bilingual version)
Public sitting held on Monday 17 February 2020, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
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Verbatim record 2020/2 (bilingual version)
Public sitting held on Tuesday 18 February 2020, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
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Verbatim record 2020/3 (bilingual version)
Public sitting held on Wednesday 19 February 2020, at 4.30 p.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
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Verbatim record 2020/4 (bilingual version)
Public sitting held on Friday 21 February 2020, at 10 a.m., at the Peace Palace, President Yusuf presiding, in the case concerning Immunities and Criminal Proceedings (Equatorial Guinea v. France)
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Other documents


Orders

Fixing of time-limits: Memorial and Counter-Memorial
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Fixing of time-limit: Written statement of observations and submissions on preliminary objections
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Fixing of time-limit: Counter-Memorial
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Fixing of time-limits: Reply and Rejoinder
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Extension of time-limits: Reply and Rejoinder
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Judgments


Summaries of Judgments and Orders

Summary of the Order of 7 December 2016
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Summary of the Judgment of 6 June 2018
Procedure(s):Preliminary objections
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Summary of the Judgment of 11 December 2020
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Press releases

14 June 2016
The Republic of Equatorial Guinea institutes proceedings against France with regard to "the immunity from criminal jurisdiction of [its] Second Vice-President in charge of Defence and State Security, and the legal status of the building which houses [its] Embassy in France"
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14 July 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Fixing of time-limits for the filing of the initial pleadings
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30 September 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Request for the indication of provisional measures submitted by Equatorial Guinea
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6 October 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Request for the indication of provisional measures - The Court to hold public hearings from Monday 17 to Wednesday 19 October 2016
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19 October 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Conclusion of the public hearings on the request for the indication of provisional measures made by Equatorial Guinea - The Court to begin its deliberation
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2 December 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Request for the indication of provisional measures - The Court to deliver its Order on Wednesday 7 December 2016
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7 December 2016
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court finds that France must guarantee the protection of the premises presented as housing the diplomatic mission of Equatorial Guinea in France
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10 April 2017
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Fixing of the time-limit for the filing by Equatorial Guinea of a written statement of its observations and submissions on the preliminary objections raised by France
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8 December 2017
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Preliminary Objections - The Court to hold public hearings from Monday 19 to Friday 23 February 2018
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23 February 2018
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Conclusion of the public hearings - The Court to begin its deliberation
Procedure(s):Preliminary objections
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30 May 2018
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Preliminary Objections - The Court to deliver its Judgment on Wednesday 6 June 2018 at 3 p.m.
Procedure(s):Preliminary objections
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6 June 2018
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court finds that it has jurisdiction, on the basis of the Optional Protocol to the Vienna Convention on Diplomatic Relations concerning the Compulsory Settlement of Disputes, to entertain the Application of Equatorial Guinea, in so far as it concerns the status of the building located at 42 Avenue Foch in Paris ...
Procedure(s):Preliminary objections
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11 June 2018
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Fixing of time-limit for the filing of the Counter-Memorial of France
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15 February 2019
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court directs the submission of a Reply by Equatorial Guinea and a Rejoinder by France and fixes the time-limits for the filing of these written pleadings
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26 April 2019
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Extension of the time-limits for the filing of the Reply and the Rejoinder
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16 January 2020
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court to hold public hearings from Monday 17 to Friday 21 February 2020
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21 February 2020
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - Conclusion of the public hearings - The Court to begin its deliberation
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24 November 2020
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court to deliver its Judgment on Friday 11 December 2020 at 3 p.m.
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11 December 2020
Immunities and Criminal Proceedings (Equatorial Guinea v. France) - The Court delivers its Judgment on the merits of the case - The Court finds that the building at 42 avenue Foch in Paris has never acquired the status of “premises of the mission” within the meaning of Article 1 (i) of the Vienna Convention on Diplomatic Relations, and that France has not breached its obligations under that Convention
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