INTERNATIONAL COURT OF JUSTICE ISSUES ORDER CONCERNING CASE BETWEEN CAMEROON AND NIGERIA
Press Release
ICJ/543
INTERNATIONAL COURT OF JUSTICE ISSUES ORDER CONCERNING CASE BETWEEN CAMEROON AND NIGERIA
19960315 THE HAGUE, 15 March (ICJ) -- The International Court of Justice today issued an Order indicating provisional measures in the case concerning land and maritime boundaries between Cameroon and Nigeria. The request for the indication of the provisional measures was made by Cameroon on 12 February. In that request, it referred to "grave incidents which have taken place between the ... forces [of the two parties] in the Bakassi Peninsula since ... 3 February 1996".The Order indicates the following provisional measures:
"(1) Unanimously,
Both parties should ensure 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;
(2) By 16 votes to 1,
Both parties should observe the agreement reached between the Ministers for Foreign Affairs in Kara, Togo, on 17 February 1996, for the cessation of all hostilities in the Bakassi Peninsula;
In favour: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Shahabuddeen, Weeramantry, Ranjeva, Herczegh, Shi, Fleischhauer, Koroma, Vereshchetin, Ferrari Bravo, Higgins, Parra-Aranguren; Judge ad hoc Mbaye; Against: Judge ad hoc Ajibola
(3) By 12 votes to 5,
Both parties should ensure that the presence of any armed forces in the Bakassi Peninsula does not extend beyond the positions in which they were situated prior to 3 February 1996;
In favour: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Ranjeva, Herczegh, Fleischhauer, Koroma, Ferrari Bravo, Higgins, Parra-Aranguren; Judge ad hoc Mbaye;
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Against: Judges Shahabuddeen, Weeramantry, Shi, Vereshchetin; Judge ad hoc Ajibola
(4) By 16 votes to 1,
Both parties should take all necessary steps to conserve evidence relevant to the present case within the disputed area;
In favour: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Shahabuddeen, Weeramantry, Ranjeva, Herczegh, Shi, Fleischhauer, Koroma, Vereshchetin, Ferrari Bravo, Higgins, Parra-Aranguren; Judge ad Hoc Mbaye;
Against: Judge ad hoc Ajibola
(5) By 16 votes to 1,
Both parties should lend every assistance to the fact-finding mission which the Secretary-General of the United Nations has proposed to send to the Bakassi Peninsula;
In favour: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Shahabuddeen, Weeramantry, Ranjeva, Herczegh, Shi, Fleischhauer, Koroma, Vereshchetin, Ferrari Bravo, Higgins, Parra-Aranguren; Judge ad Hoc Mbaye;
Against: Judge ad hoc Ajibola."
Judges Oda, Shahabuddeen, Ranjeva and Koroma appended declarations to the Order of the Court; Judges Weeramantry, Shi and Vereshchetin appended a joint declaration to the Order of the Court.
Judge ad hoc Mbaye appended a declaration to the Order of the Court.
Judge ad hoc Ajibola appended a separate opinion to the Order of the Court.
The Court was composed as follows: President Bedjaoui; Vice-President Schwebel; Judges Oda, Guillaume, Shahabuddeen, Weeramantry, Ranjeva, Herczegh, Shi, Fleischhauer, Koroma, Vereshchetin, Ferrari Bravo, Higgins, Parra- Aranguren; Judges ad hoc Mbaye and Ajibola; Registrar Valencia-Ospina.
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