On 25 February 2019, the ICJ gave its Advisory Opinion on the legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965.
The ICJ unanimously held that it had jurisdiction to answer the two questions put to it. By 12 votes to 2, it agreed to exercise its discretion to answer those questions.
On the merits, the ICJ gave by 13 votes to 1 its conclusions, the key points of which are as follows:
(a)
| the right to self-determination and territorial integrity formed a fundamental part of customary international law in 1965, when Mauritius was dismembered;
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(b)
| at the time of its detachment from Mauritius in 1965, the Chagos Archipelago was clearly an integral part of Mauritius. The detachment of the Chagos Archipelago from the territory of Mauritius was not based on the free and genuine expression of the will of the people of Mauritius. It was therefore illegal under international law, and without effect;
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(c)
| as a result of the Chagos Archipelago’s unlawful detachment, the process of decolonization of Mauritius was not lawfully completed when Mauritius acceded to independence in 1968;
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(d)
| the UK’s continued administration of the Chagos Archipelago constitutes a wrongful act entailing the international responsibility of that State. This is an unlawful act of a continuing character;
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(e)
| the UK is under an obligation to bring an end to its administration of the Chagos Archipelago as rapidly as possible, thereby enabling Mauritius to complete the decolonization of its territory in a manner consistent with the right of peoples to self-determination; and
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