THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) IN CONFLICT RESOLUTION. A CASE STUDY OF THE NIGERIA-CAMEROUN BAKASSI PENINSULA CONFLICT (1990 – 2006)

THE ROLE OF THE INTERNATIONAL COURT OF JUSTICE (ICJ) IN CONFLICT RESOLUTION. A CASE STUDY OF THE NIGERIA-CAMEROON BAKASSI PENINSULA CONFLICT (1990 – 2006)

Abstract: This study investigates the role of International Court of Justice in conflict resolution. A case study of the Nigerian-Cameroon  Bakassi Peninsula Conflict (1990-2006).

CHAPTER ONE

• INTRODUCTION
  • Background to the Study

Territorial claims, ideology, colonialism, nationalism, religion and natural resources have typically been the main sources of conflict throughout the world. While the influence of some of these is waning, struggles for the control of valuable natural resources have remained a persistent features of national and international affairs for decades. In addition to helping some of the most corrupt and oppressive regimes to remain in power, natural resources have been fueling conflicts within and between African countries. Such conflict management situations typically take the form of territorial disputes over the possession of oil-laden border areas, factional struggles among the leaders of oil-rich countries, and major inter-state wars over the control of vital oil and mineral zones (Klare 2004; 41).

Africa was largely controlled by indigenous people in the 1870s, but by 1914 it became almost exclusively subjugated and divided into protectorates/colonies by the European powers (Aghemelo and Ibhasebhor 2006; 17). The colonial boundaries in these configurations were not established according to the various indigenous groupings. Grouping nations together in some cases and dividing them in others was a common feature as long as it was consistent with the security and economic interests of the colonial powers. After independence, most of Africa became and is still troubled by the legacy of trying to get originally different indigenous groupings to live peacefully in a single country or to get the same ethnic group to live peacefully in different neighboring countries. As in most of Africa, therefore, the origins of the conflict situation between Cameroon and Nigeria over border issues can be traced to the colonial era and some post-independence political activities.

The border between Cameroon and Nigeria extending from Lake Chad to the Gulf of Guinea has been a bone of contention between the two territories dating back to1981. However, the knowledge that the Bakassi Peninsula harbors important deposits of oil/gas reserves triggered mounting hostilities and military confrontations in the early 1990s between Cameroon and Nigeria. According to Klare (2004; 43), the close connection between oil and conflict derives from three essential features of petroleum; its vital importance to the economic and military power of nations, its irregular geographical distribution; and its imminent changing center of gravity.

In 1993 Nigerian troops occupied the Bakassi Peninsula. In 1994, after serious incidents of border incursions that provoked shooting, and after many casualties and deaths of soldiers had been recorded on both sides, Cameroon submitted its entire set of border-related disputes with Nigeria to the International Court of Justice at The Hague for adjudication. After examining the case for eight years, the World Court ruled that Cameroon is the rightful owner of the oil-rich Peninsula, basing its argument on the 1913 Anglo-German Treaty which traced the borders between the two colonial powers. Following intensive diplomatic activities culminating in the 12 June 2006 Green tree Agreement brokered by the United Nations and witnessed/guaranteed by four world powers – Britain, France, Germany and the United States – Nigeria eventually agreed to unconditionally hand over the oil-rich Peninsula to Cameroon. On 14 August 2006 Nigeria effectively pulled out its military and the Cameroonian flag was hoisted. Two years later (14 August 2008) the remaining Nigerian administration and police left the Peninsula. (Klare; 2004; 45)

1.2 Statement of the Problem

The conflict over sovereignty to the Bakassi Peninsula between Nigeria and Cameroon is much more than just a dispute over a boundary, but also includes issues of national identity and environmental change affecting local inhabitants of the area such as fishermen and farmers that creates a need for a porous border. Although the official outcome of the dispute is a victory for Cameroon who legally acquired Bakassi, the two states are in a stalemate over the physical handover of land. Nigeria is evidently an oil and mineral rich state when compared to the Republic of Cameroun. The ceding of the Bakassi Peninsula area has implications in one way or the other on Nigeria’s polity.  The problem this research seeks to address therefore is the role of the International Court of Justice in the Bakassi Peninsula conflict and the implications on the Nigerian polity.

1.3 Research Questions

This study seeks to provide answers to the following questions;

• What was the role of the International Court of Justice in the Bakassi Peninsula conflict resolution?
• What are the implications of the conflict on the Nigerian polity?
• What new strategies need to be adopted by Nigeria in safeguarding her territorial integrity and ensuring sustainable peace, security and economic development?

1.4 Objectives of the Study

The general objective of this research is to critically analyze the involvement of the International Court of Justice in the Nigeria-Cameroun Bakassi peninsula conflict resolution. The specific objectives include;

• To assess the role of the International Court of Justice in the Bakassi Peninsula conflict resolution.
• To evaluate the implications of the Bakassi conflict on the Nigerian polity.
• To examine new strategies to be adopted by Nigeria in safeguarding her territorial integrity and ensuring sustainable peace, security and economic development.

1.5 Significance of the Study

            The major significance for this research is that it is a contribution and an addition to the existing body of knowledge on the International Court of Justice involvement in the Nigeria-Cameroun conflict resolution. It attempts to establish grounds in the study of diplomatic relations between nations in the international system as well as stimulate further academic researches that will aid in the expansion of knowledge. The International Court of Justice performed a role in the territorial conflict management between Nigeria and Cameroun. As the study intends to identify mistakes made (if any) and problems encountered, the study is significant since it would help to provide lessons for the future.

1.6 Scope and Limitations of the Study

The scope of this research covers the period of 1990 to 2006. This is because in the 1990’s, disputes erupted with the discovery of the natural resources in the peninsula. The year 2006 was when Nigeria handed over the area and the Cameroonian flag was hoisted. There are certain limitations that might be encountered by the researcher in the course of this work. One of such limitations is in the area of financial constraints which has a direct consequence on the quality of suitable materials. Apart from financial constraints, considering the fact that a research study of this nature is often done within a time frame, the study, therefore, cannot be very exhaustive. Also another limitation is encountered in terms of combining the research with academic work. However, despite these constraints and limitations, the objectives of the research have not been compromised and these objectives are pursued using the following methods.

1.7 Research Methodology

The success of a research project is, in large part, a function of a judicious choice of a research method or strategy that allows the researcher to collect the necessary data to deal with the research problem. In the course of this research, the secondary source of data was considered the most appropriate approach to gather data and utilized for this research work. The secondary data was gathered from relevant journals, documents, textbooks, review articles, critical analysis essays, the internet, research reports, conference papers, magazines and newspaper articles.

  1.7.1 Instrument of Data Collection

The instrument of data collection that was used in this research is the content analysis. It entails the analytical review of the various views of the documented literatures that will be used in this research. Over the years, volumes of literature have been reproduced dealing with the Nigeria and Cameroun territorial conflict. Researchers have studied Nigeria’s foreign relations and her involvement in international governance and made their evaluations. Rapporteur’s reports and journalists have also variously analyzed the conflict. Many of these in books, journals, magazines and newspaper publications at the United Nations Secretariat, Ministry of Foreign Affairs, National and University Libraries will be examined. These documentary materials hopefully should have direct function in providing facts and figures and the indirect function of helping to project one’s understanding in other times and places.

1.8     Clarification of Terms:

During this discourse, some concepts will frequently re-occur. These are: Conflict, Conflict resolution, and Conflict management. These concepts require some clarification and this research shall start with the general phenomenon of conflict.

• Conflict

Conflict is a natural and inevitable part of all human social relationships. Moulton and Bloomfield (1997; 503) assert that conflict is a broad concept that becomes particularly confusing when ambiguous language such as trade wars, bloody disputes, regional conflicts, etc. are used to discuss it. They further stated that many people use the word “conflict” to mean any and all differences, quarrels, political struggles, economic or social differences, coups d’états and wars. According to Vogt & Aminu (1996; 439), conflict can be defined as escalated, natural competition between two or more parties about scarce resources, power and prestige. He believed that struggle over power and scarce resources are at the heart of all social conflicts. Violence is extended conflict where the parties employ coercion or physical force, legally or without political legitimation.

• Conflict Resolution

Conflict resolution in the words of Haus (2001; 22), refers to all those activities that are concerned with transforming destructive and armed conflict along constructive and non-violent channels. He further stated that the conception of conflict, its management and resolution have led to various conflict resolution mechanisms, such as mediation, arbitration, negotiation and peace-keeping, conflict prevention, third party intervention, preventive diplomacy, peace-building etc. when conflicts occur, they are resolved. The new situation could create new conflicts that demand new resolutions. In the words of Vogt & Aminu (1996; 439), a successful resolution demands a change in symptoms and underlying causes in behavior and perceptions. It demands abandoning power-oriented strategies which treat symptoms only and embracing a participatory, analytical, and non-coercive approach which provides for the pent-up feelings and brings to the surface underlying values, motives and perceptions. By its very nature, conflict resolution is a much more demanding and complex undertaking.

• Conflict Management

Conflict management according to Imobighe (2003; 1), is concerned with the ways and means of controlling and harmonizing conflictual relationships within an interaction process. In inter-state relations, conflict management concerns the way in which events, especially the stresses and strains in the relations between nations, are controlled to ensure some harmony between the parties concerned.

1.9 Organization of Chapters

            This study is divided into five chapters. Chapter One which is the introduction and consists of the background to the study, statement of the research problem, objectives of the study, significance of the study, research methodology, clarification of concepts to be used in the study and finally, organization of chapters. Chapter Two consists of review of related literature and theoretical framework. Chapter Three discusses the historical background of the Nigeria and Cameroun territorial conflict, the present day manifestations and impacts on the future. Chapter Four focuses on data presentation and analysis and Chapter Five is the summary of findings, conclusion and recommendation.