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UK should leave Chagos Islands colony in Indian Ocean as soon as possible, top UN court says

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UK should leave Chagos Islands colony in Indian Ocean as soon as possible, top UN court says

· Archipelago is home to a strategic US base, used for bombing missions in wars in Middle East and Afghanistan

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File photo of Diego Garcia, the largest island in the Chagos Archipelago and site of a major United States military base in the middle of the Indian Ocean leased from Britain since 1966. Photo: Reuters


Britain should quickly give up control of the Chagos Archipelago, the Indian Ocean islands that house the secretive US airbase at Diego Garcia but are claimed by Mauritius, theInternational Court of Justice said on Monday.

Judges in The Hague said in a legal “advisory opinion” on a decades-old dispute that Britain illegally split the islands from Mauritius at independence in the 1960s, after whichthousands of islanders were evicted.

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File photo of Turtle Cove on Diego Garcia. Photo: Reuters

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The court’s view is not binding but it carries a heavy symbolic importance as it was specially tasked by the United Nations General Assembly to give its view on the row between London and Port Louis over the fate of the island chain.

It also comes as a stunning blow to London in a case that goes to the heart of historic issues of decolonisation and current questions about Britain’s place in the world as it prepares to leave the European Union.

“The United Kingdom is under an obligation to bring an end to its administration of the Chagos Archipelago as rapidly as possible, thereby allowing Mauritius to complete thedecolonisation of its territory,” chief judge Abdulqawi Ahmed Yusuf said.

Britain split off the islands from Mauritius – which lies around 2,000km (1,200 miles) away – three years before Port Louis gained independence in 1968. It also paid Mauritius £3 million pounds (US$3.9 million).

Between 1968 and 1973 around 2,000 Chagos islanders were evicted, to Britain, Mauritius and the Seychelles, to make way for a huge base on Diego Garcia, the largest of the islands.

The evictions were described in a British diplomatic cable at the time as the removal of “some few Tarzans and Man Fridays”.

Diego Garcia is now under lease to the United States, playing a strategic role in the cold war before being used as a staging ground for US bombing campaigns against Afghanistan and Iraq in the 2000s.

The UN General Assembly in 2017 adopted a resolution presented by Mauritius and backed by African countries asking the ICJ to offer legal advice on the island chain’s fate and the legality of the deportations.

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A demonstrator demanding her return to the Chagos Islands during a protest outside the Houses of Parliament in London in October 2008. Photo: Reuters


When judges heard the case in September, Mauritius argued that it was illegal for Britain to have broken up its territory while it was still the colonial power. Its case was backed by India.

Britain, while apologising for the “shameful” way it evicted thousands of islanders, insisted Mauritius was wrong to have taken the case to the ICJ.

The United States meanwhile insisted the court had a “duty” not to take a position on the dispute.

The judges said by a majority that because Britain had split the Chagos Islands from Mauritius before independence “the process of decolonisation of Mauritius was not lawfully completed”.

The Chagos Islanders have already taken their battle through the courts in Britain, where their supporters included the current Labour opposition leader, Jeremy Corbyn.

The legal opinion is only the 28th since the ICJ was set up in 1946 in the wake of the second world war to provide a tribunal to resolve disputes between UN member states.

Previous such opinions include one on Israel’s West Bank barrier in 2004, which judges said was illegal.
 
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Hand it over to india, its in indian ocean.
 
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These "advisory opinions" are not necessarily honestly pertinent legal opinions. I recall the 2004 instance cited: the U.N. asked the court for an "advisory opinion" on the Judea-Samaria barrier, assuming that listed resolutions of the U.N. General Assembly had the force of law.

U.N.G.A. resolutions don't have the force of law but an "advisory opinion" from the ICJ allowed anti-Zionist members to pretend they did. Similarly, in this case I'd examine the request from the U.N.G.A. to the ICJ and see if it also contained similar "what if" instructions assuming non-legal U.N.G.A. resolutions had the force of law.
 
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South China Sea belongs to all parties
Some of the islands are under Vietnamese and Filipono control
Diego Garcia belongs to Mauritians.

This was an "advisory opinion". The SCS decision was a different beast.
Yeah, it didn't even rise to an "advisory opinion" from the International Court of Justice. This is far more binding.

Fantastic. The entire world gets to see what filthy hypocrites Anglos are.
 
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What can UN do? She can't force two of the UNSC members out of Chagos nor put any sanctions on them.

So move on. :drag:
 
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Yeah, it didn't even rise to an "advisory opinion" from the International Court of Justice. This is far more binding.
Not at all. The Law of the Sea treaty has a specific and binding dispute resolution mechanism whereas the advisory opinion does not.

The entire world gets to see what filthy hypocrites Anglos are.
I don't like being tossed in the same bag with the Brits and beg to disagree: if the Chagos Islands had been under the American flag the U.S. record of the past hundred years suggests the U.S. would have left it to the natives, rather than kick them out. The U.S. left the Philippines, Iwo Jima, Haiti, Iraq, etc. (The only exception I can think of were the Bikini Islanders and other Pacific natives displaced due to nuclear bomb tests or their aftermath: these received compensation, some have returned, some of them are still battling it out in U.S. courts.)
 
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Diego Garcia belongs to Mauritians.

Even Mauritius is not pursuing the claim. The islands were transferred when Mauritius was a colony
Don't argue for the rights of Mauritius. Most of Mauritius natives are transplants from India, Africa and Europe
 
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