The Case Concerning the Territorial Dispute (Libyan Arab Jamahiriya/Chad) [1994] is a public international law case decided by the International Court of Justice (ICJ) concerning the border between the Libyan Arab Jamahiriya and the Republic of Chad. The case was put forward to settle a territorial dispute between the two countries, particularly over a strip of land called the Aouzou Strip which Libya had occupied since the Chadian–Libyan War, and an area which Libya called the Libya–Chad Borderlands or simply the Borderlands.[1][2] Libya's claim of the Borderlands included parts of the regions of Borkou, Ennedi and Tibesti, including parts of the localities of Erdi, Kanem and Ounianga.[3][4] It also covered the Chadian region of B.E.T. minus northern Kanem.[1]
The boundary between the Libyan Arab Jamahiriya and Chad is defined by the Treaty of Friendship and Good Neighborliness (1955)
Concurrence
Ajibola, Ago, Shahabuddeen
Dissent
Sette-Câmara
The disputed territory between Chad and Libya. Libya called this area the Libya–Chad Borderlands or simply the Borderlands. It included the Aouzou Strip, a uranium-rich barren strip of land on the border between Libya and Chad
Libya argued that there was no existing boundary between itself and Chad and asked the court to define one. It also claimed that it had clear rights to territory north of a demarcated line which was on the 15th parallel north for much of its length. Libya called this area the Libya–Chad Borderlands; this was the disputed territory between Chad and Libya.[1] Chad on the other hand argued that there was an existing border and asked the court to define it.[5] It maintained that the Aouzou Strip was part of its territory.[2] Chad's territorial claim was based on the 1955 Treaty of Friendship and Good Neighborliness between France and Libya which would place the Aouzou Strip within the borders of Chad.[1]
The case was decided on 3 February 1994. The ICJ ruled in favor of Chad against Libya and declared Libya's occupation of the Aouzou Strip illegal.[5] The court recognised Chad's territorial claim and sovereignty over the Borderlands and Aouzou Strip.[6][7]
The Libya–Chad Borderlands were inhabited by several mostly autonomous Arabic-speaking tribes. The allegiances and loyalties of these tribes were pursued by different actors during their conflicts in Chad, destabilising the Chadian state. Partly in response to the spill-over of this instability on its border, Libya invaded the Aouzou Strip in 1973 before engaging in a series of interventions through the 1980s during the Chadian–Libyan War.[8] The Aouzou Strip is a barren, uranium-rich piece of land located in the Borderlands on the border of Chad and Libya.[9] Libya had begun to stage troops on the strip in order to assist with the defense of its citizens who lived in the area. Despite the land having no strategic or functional value to Chad, the government saw the Aouzou Strip as part of their sovereign territory.
Due to the inability of both countries to internally establish a line of demarcation, the case was referred to the International Court of Justice for adjudication in 1990. Each country had a differing basis from which it derived its claims of the Aouzou Strip:
Libya's claim is on "the basis of a coalescence of rights and titles of the indigenous inhabitants, the Senoussi Order, the Ottoman Empire, and through an agreement that its government made with Italy."
Chad has argued that the border was established through the Treaty of Friendship and Good Neighborliness which was concluded between France and Libya in 1955.
From Libya's perspective, there is not enough evidence to show that a boundary was ever established and that they have adequately lay claim to the Aouzou Strip through administrative control. Chad's use of the Treaty of Friendship and Good Neighborliness as basis of its claim has also been challenged due to the treaty being in effect for only 20 years (1955–1975).
Judgmentedit
The case was decided on 3 February 1994.[6][7] The ICJ ruled that the boundary between Chad and Libya is defined by the Treaty of Friendship and Good Neighborliness which was concluded between France and Libya in 1955.[6] Conversely, this recognised Chad's territorial claims and gave it territorial sovereignty over the Aouzou Strip and the Borderlands. Libya's occupation of the strip was declared illegal.[5] In effect, the ruling also disregarded the rights of the indigenous inhabitants of the Borderlands, whose territorial rights Libya said it inherited to prove its own territorial claim.[10]
^ abcdLauterpacht, E.; Greenwood, C. J.; Oppenheimer, A. G. (5 October 1995). International Law Reports. Cambridge University Press. pp. 14, 91. ISBN978-0-521-49647-6.
^ ab"INTERNATIONAL COURT OF JUSTICE: CASE CONCERNING THE TERRITORIAL DISPUTE (LIBYAN ARAB JAMAHIRIYA/CHAD)" (PDF). United Nations. 3 February 1994. Retrieved 15 October 2023.
^"Case Concerning the Territorial Dispute (Libyan Arab Jamahiriya/Chad)". International Law Reports. 100: 53. January 1995. doi:10.1017/CBO9781316152294.001. ISSN 0309-0671.
^Ibrahim, Talal; Shelbi, Moh. (2017). "LIBYAN–CHADIAN CONFLICT (1976-1994)" (PDF). Atilim University. p. 58. Retrieved 15 October 2023.
^ abcBlake, Gerald (April 1994). "A Note on the International Court of Justice Ruling on the Chad-Libya Dispute" (PDF). Durham University. Retrieved 15 October 2023.
^ abc"Summaries of Judgments, Advisory Opinions and Orders of the International Court of Justice: CASE CONCERNING THE TERRITORIAL DISPUTE (LIBYAN ARAB J'AMAHIRIYAICHAD)" (PDF). International Court of Justice. 3 February 1994. Retrieved 15 October 2023.
^ ab"Communique: Case concering Territorial Dispute (Libyan Arab Jamahiriya/Chad)" (PDF). International Court of Justice. 3 February 1994. Retrieved 15 October 2023.
^Burgis, Michelle L. (2009). Boundaries of Discourse in the International Court of Justice: Mapping Arguments in Arab Territorial Disputes. BRILL. p. 120. ISBN978-90-04-17463-4. Retrieved 17 November 2023.
^Akaraiwe, Ikeazor Ajovi (2001). Onyeama: Eagle on the Bench : an Authorised Biography of Nigeria's First Judge at the World Court, His Excellency, Judge Charles Dadi Onyeama, CFR, LL. D. Touchstone Books. p. 236. ISBN978-978-35019-5-9. Retrieved 17 November 2023.
^Doyle, Cathal M. (20 November 2014). Indigenous Peoples, Title to Territory, Rights and Resources: The Transformative Role of Free Prior and Informed Consent. Routledge. p. 218. ISBN978-1-317-70318-1. Retrieved 17 November 2023.
External linksedit
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The Case Concerning the Territorial Dispute Libyan Arab Jamahiriya Chad 1994 is a public international law case decided by the International Court of Justice ICJ concerning the border between the Libyan Arab Jamahiriya and the Republic of Chad The case was put forward to settle a territorial dispute between the two countries particularly over a strip of land called the Aouzou Strip which Libya had occupied since the Chadian Libyan War and an area which Libya called the Libya Chad Borderlands or simply the Borderlands 1 2 Libya s claim of the Borderlands included parts of the regions of Borkou Ennedi and Tibesti including parts of the localities of Erdi Kanem and Ounianga 3 4 It also covered the Chadian region of B E T minus northern Kanem 1 Libyan Arab Jamahiriya v ChadCourtInternational Court of JusticeFull case nameCase Concerning the Territorial Dispute Libyan Arab Jamahiriya Chad Decided3 February 1994 1994 02 03 Court membershipJudges sittingJennings Oda Ago Schwebel Bedjaoui Ni Evensen Tarassov Guillaume Shahabuddeen Aguilar Mawdsley Weeramantry Ranjeva Ajibola Herczegh ad hoc Abi Saab and Sette CamaraCase opinionsThe boundary between the Libyan Arab Jamahiriya and Chad is defined by the Treaty of Friendship and Good Neighborliness 1955 ConcurrenceAjibola Ago ShahabuddeenDissentSette Camara The disputed territory between Chad and Libya Libya called this area the Libya Chad Borderlands or simply the Borderlands It included the Aouzou Strip a uranium rich barren strip of land on the border between Libya and Chad Libya argued that there was no existing boundary between itself and Chad and asked the court to define one It also claimed that it had clear rights to territory north of a demarcated line which was on the 15th parallel north for much of its length Libya called this area the Libya Chad Borderlands this was the disputed territory between Chad and Libya 1 Chad on the other hand argued that there was an existing border and asked the court to define it 5 It maintained that the Aouzou Strip was part of its territory 2 Chad s territorial claim was based on the 1955 Treaty of Friendship and Good Neighborliness between France and Libya which would place the Aouzou Strip within the borders of Chad 1 The case was decided on 3 February 1994 The ICJ ruled in favor of Chad against Libya and declared Libya s occupation of the Aouzou Strip illegal 5 The court recognised Chad s territorial claim and sovereignty over the Borderlands and Aouzou Strip 6 7 Contents 1 Facts 2 Judgment 3 See also 4 References 5 External linksFacts editThe Libya Chad Borderlands were inhabited by several mostly autonomous Arabic speaking tribes The allegiances and loyalties of these tribes were pursued by different actors during their conflicts in Chad destabilising the Chadian state Partly in response to the spill over of this instability on its border Libya invaded the Aouzou Strip in 1973 before engaging in a series of interventions through the 1980s during the Chadian Libyan War 8 The Aouzou Strip is a barren uranium rich piece of land located in the Borderlands on the border of Chad and Libya 9 Libya had begun to stage troops on the strip in order to assist with the defense of its citizens who lived in the area Despite the land having no strategic or functional value to Chad the government saw the Aouzou Strip as part of their sovereign territory Due to the inability of both countries to internally establish a line of demarcation the case was referred to the International Court of Justice for adjudication in 1990 Each country had a differing basis from which it derived its claims of the Aouzou Strip Libya s claim is on the basis of a coalescence of rights and titles of the indigenous inhabitants the Senoussi Order the Ottoman Empire and through an agreement that its government made with Italy Chad has argued that the border was established through the Treaty of Friendship and Good Neighborliness which was concluded between France and Libya in 1955 From Libya s perspective there is not enough evidence to show that a boundary was ever established and that they have adequately lay claim to the Aouzou Strip through administrative control Chad s use of the Treaty of Friendship and Good Neighborliness as basis of its claim has also been challenged due to the treaty being in effect for only 20 years 1955 1975 Judgment editThe case was decided on 3 February 1994 6 7 The ICJ ruled that the boundary between Chad and Libya is defined by the Treaty of Friendship and Good Neighborliness which was concluded between France and Libya in 1955 6 Conversely this recognised Chad s territorial claims and gave it territorial sovereignty over the Aouzou Strip and the Borderlands Libya s occupation of the strip was declared illegal 5 In effect the ruling also disregarded the rights of the indigenous inhabitants of the Borderlands whose territorial rights Libya said it inherited to prove its own territorial claim 10 See also editChadian Libyan conflictReferences edit a b c d Lauterpacht E Greenwood C J Oppenheimer A G 5 October 1995 International Law Reports Cambridge University Press pp 14 91 ISBN 978 0 521 49647 6 a b INTERNATIONAL COURT OF JUSTICE CASE CONCERNING THE TERRITORIAL DISPUTE LIBYAN ARAB JAMAHIRIYA CHAD PDF United Nations 3 February 1994 Retrieved 15 October 2023 Case Concerning the Territorial Dispute Libyan Arab Jamahiriya Chad International Law Reports 100 53 January 1995 doi 10 1017 CBO9781316152294 001 ISSN 0309 0671 Ibrahim Talal Shelbi Moh 2017 LIBYAN CHADIAN CONFLICT 1976 1994 PDF Atilim University p 58 Retrieved 15 October 2023 a b c Blake Gerald April 1994 A Note on the International Court of Justice Ruling on the Chad Libya Dispute PDF Durham University Retrieved 15 October 2023 a b c Summaries of Judgments Advisory Opinions and Orders of the International Court of Justice CASE CONCERNING THE TERRITORIAL DISPUTE LIBYAN ARAB J AMAHIRIYAICHAD PDF International Court of Justice 3 February 1994 Retrieved 15 October 2023 a b Communique Case concering Territorial Dispute Libyan Arab Jamahiriya Chad PDF International Court of Justice 3 February 1994 Retrieved 15 October 2023 Burgis Michelle L 2009 Boundaries of Discourse in the International Court of Justice Mapping Arguments in Arab Territorial Disputes BRILL p 120 ISBN 978 90 04 17463 4 Retrieved 17 November 2023 Akaraiwe Ikeazor Ajovi 2001 Onyeama Eagle on the Bench an Authorised Biography of Nigeria s First Judge at the World Court His Excellency Judge Charles Dadi Onyeama CFR LL D Touchstone Books p 236 ISBN 978 978 35019 5 9 Retrieved 17 November 2023 Doyle Cathal M 20 November 2014 Indigenous Peoples Title to Territory Rights and Resources The Transformative Role of Free Prior and Informed Consent Routledge p 218 ISBN 978 1 317 70318 1 Retrieved 17 November 2023 External links editThe case documents on ICJ website nbsp This Chad related article is a stub You can help Wikipedia by expanding it vte nbsp This article related to international law is a stub You can help Wikipedia by expanding it vte nbsp This Libya related article is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Libya Chad Territorial Dispute case amp oldid 1223289357, wikipedia, wiki, book, books, library,
