Chagos

The International Court of Justice has handed down an Advisory Opinion concerning the Chagos Islands - where the important military base Diego Garcia is located.  The ICJ found that the process of decolonialisation of Mauritius was not lawfully completed when the country acceded to independence and that the UK is under an obligation to bring to an end its administrattion of the Chagos Archipelago as rapidly as possible.

The Guardian 25 February 2019.

Advisory Opinion of 25 February 2019

Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965 (Request for Advisory Opinion) 

Press release No. 2019/9 

 

The Court's Opinion:

 (1) Unanimously,
 Finds that it has jurisdiction to give the advisory opinion requested;

 (2) By twelve votes to two,

 Decides to comply with the request for an advisory opinion;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;
AGAINST: Judges Tomka, Donoghue;

(3) By thirteen votes to one,

Is of the opinion that, having regard to international law, the process of decolonization of Mauritius was not lawfully completed when that country acceded to independence in 1968, following the separation of the Chagos Archipelago;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;
AGAINST: Judge Donoghue;

(4) By thirteen votes to one,

Is of the opinion that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible;

IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;
AGAINST: Judge Donoghue;

(5) By thirteen votes to one,

Is of the opinion that all Member States are under an obligation to co-operate with the United Nations in order to complete the decolonization of Mauritius
.
IN FAVOUR: President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna, Cançado Trindade, Gaja, Sebutinde, Bhandari, Robinson, Gevorgian, Salam, Iwasawa;
AGAINST: Judge Donoghue

Advisory Opinions:

In addition to having the capacity to decide disputes between States, the ICJ may give advisory opinions - see Article 65 of the court's statute and Article 96 UN Charter.

An Advisory Opinion provides advice to the organ requesting as to the legal issues comprised in the question asked.

UN General Assembly:

UNGA Resolution 73/295 of 22 May 2019 - N1915129.pdf (un.org) - Advisory opinion of the International Court of Justice on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965

Litigation concerning Chagos Islands in the UK courts:

High Court 8 February 2019 - R (Horeau and Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2019] EWHC 221 (Admin) - Singh LJ and Carr J.

House of Lords

Bancoult, R (On The Application of) v Secretary of State For Foreign and Commonwealth Affairs [2008] UKHL 61 (22 October 2008) (View without highlighting)

UK Supreme Court

1. Bancoult, R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35 (29 June 2016) (View without highlighting) and see UKSC website
   
2. Bancoult, R (on the application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs (Respondent)[2018] UKSC 3 (8 February 2018) (View without highlighting) and see UKSC website 

Reading:

UK Human Rights blog 4 March 2019 - Now, a win for the Chagossians

"The Last Colony - A tale of Exile, Justice and Britain's Colonial Legacy" - Philippe Sands, Weidenfeld and Nicolson 2022