The UK government’s response to the UN General Assembly’s demand that it withdraw its colonial administration from the Chagos Islands within six months ‘is wrong both legally and morally’, according to a University international law expert.
Professor Nick Grief comments: ‘Among the arguments heard before yesterday’s vote was that the International Court of Justice’s ruling in February that the UK’s continued administration of the Islands is illegal was an advisory opinion, not legally binding. That is true – but it was still an authoritative ruling by the UN’s principal judicial organ, and all the more compelling because it was delivered by a majority of 13-1.
‘Another objection was that to use the advisory opinion procedure for a bilateral dispute between states undermined the principle that judicial settlement is based on consent. As the Court said, however, the General Assembly had sought its opinion, not to resolve a territorial dispute between two states but to guide it in the discharge of its functions relating to the decolonization of Mauritius.
‘In declaring that it does not recognise Mauritius’ claim to sovereignty over the Chagos Islands (which include the military base at Diego Garcia) but will hand back control when they are no longer needed for defence purposes, the Government’s response to the Court and now the General Assembly is wrong both legally and morally. There are clear echoes of Israel’s refusal to accept the ICJ’s advisory opinion in the Wall Case (2004). As the Prime Minister of Mauritius said in yesterday’s debate, the question is whether the international community will take remedial action or allow another wrongful act to persist.’
Professor Nick Grief, of Kent Law School, is a practising barrister. From April 2014 to October 2016 he was a member of the legal team which represented the Marshall Islands before the International Court of Justice in nuclear disarmament cases against India, Pakistan and the UK.
The University’s Press Office provides the media with expert comments in response to topical news events. Colleagues who would like to learn more about how to contribute their expertise or how the service works should contact the Press Office on 3985 or pressoffice@kent.ac.uk