Dapo Akande, a renowned expert in international public law, has been elected as a judge to the International Court of Justice (ICJ) for a nine-year term, commencing in 2027. Akande, who has represented various governments worldwide, including Zambia in the Chagos Islands consultative procedure in 2018, will serve until 2036. His election marks the return of a British judge to the ICJ after a nine-year absence.
Akande's connection to the Chagos Islands stems from his participation in the 2018 consultative procedure, which led to the ICJ's advisory opinion on February 25, 2019. The opinion concluded that Mauritius' decolonization was not legally completed in 1968 and that the UK should terminate its administration of the archipelago as soon as possible. This opinion remains a crucial foundation for Mauritius' position in its claim to the Chagos Islands.
The election of Akande has garnered significant attention in Mauritius, particularly given his past involvement in the Chagos Islands case. However, it is essential to note that his role as a judge does not guarantee a specific judicial outcome or provide a shortcut for the implementation of the treaty. As a judge, Akande will be required to exercise his functions with impartiality, as mandated by the ICJ's statute.
Akande's candidacy received support from the British government, but this does not imply that he will represent London's interests at the ICJ. The ICJ's statute ensures the independence of its judges, and Akande's past representation of Zambia does not predetermine his stance on future cases related to the Chagos Islands. According to the ICJ's rules, a judge may be disqualified from participating in a case if they have previously been involved in it.
For Mauritius, the immediate focus remains the treaty signed on May 22, 2025, which provides for Mauritian sovereignty over the entire Chagos Islands while granting the UK certain rights. The treaty represents a significant development in the long-standing dispute between Mauritius and the UK over the archipelago. Akande's election to the ICJ may have implications for the interpretation and implementation of this treaty.
As a prominent expert in international law, Akande has taught at Oxford University and served on the UN's International Law Commission. His extensive experience in advising governments and representing clients in international disputes makes him a valuable addition to the ICJ. Akande's dual British and Nigerian nationality also brings diverse perspectives to the court.
The ICJ's advisory opinion of 2019 remains a crucial reference point for Mauritius' claim to the Chagos Islands. While Akande's election may not directly impact the opinion's conclusions, his presence on the court could influence the interpretation and application of international law in future cases related to the archipelago. The ICJ's decisions will continue to play a significant role in shaping the dispute between Mauritius and the UK.
Key points
- Dapo Akande's election to the ICJ brings a new perspective to the court, given his experience in international law and past involvement in the Chagos Islands case.
