Feb. 25 (UPI) -- The United Nations' highest court ruled Monday that Britain's claim of sovereignty over the Chagos Islands, in a remote portion of the Indian Ocean, is illegal.

The International Court of Justice said in its decision that initial British efforts to separate the Chagos archipelago from Mauritius in 1965 violated international law and was not based on a "free and genuine expression of the people concerned."

Mauritius claimed it was forced to give up the islands in exchange for independence from Britain, which it gained in 1968.

"Decolonization of Mauritius not conducted in a manner consistent with the right of peoples to self-determination -- United Kingdom's continued administration of the Chagos Archipelago constitutes a wrongful act entailing the international responsibility of that state," the court said.

"Continuing character of the unlawful act, United Kingdom (is) under an obligation to bring an end to its administration of the Chagos Archipelago as rapidly as possible. Modalities for completing the decolonization of Mauritius to be determined by the General Assembly."

The British government removed the entire population of the islands before allowing the United States to build a strategically important military base on Diego Garcia, one of the chain's larger atolls.

Monday's ruling allows the issue to be referred to the United Nations general assembly for debate. Britain had argued the ICJ did not have jurisdiction to hear the case.

"This is a historic moment for Mauritius and all its people, including the Chagossians who were unconscionably removed from their homeland and prevented from returning for the last half-century," Mauritius Prime Minister Pravind Kumar Jugnauth said.

"Our territorial integrity will now be made complete, and when that occurs, the Chagossians and their descendants will finally be able to return home." </s> The United Nations General Assembly asked the International Court of Justice on Thursday to give an advisory opinion on the legal consequences of Britain's separation of the Chagos archipelago from Mauritius more than 50 years ago.

The request came in a resolution adopted with 94 votes in favour, 15 against and 65 abstentions. The Hague-based court is the principal judicial organ of the United Nations.

Britain has overseen the region since 1814 and in 1965 detached the Chagos islands from Mauritius, a colony that gained independence three years later, to create the British Indian Ocean Territory.

It leased the archipelago's biggest island, Diego Garcia, to the United States in 1966, paving the way for construction of an airbase that required the forced removal of some 2,000 people. </s> The United Kingdom must give the Chagos Islands back to Mauritius 'as rapidly as possible', the United Nations' highest court has said.

Britain forcibly evicted people from the Chagos Archipelago, a sovereignty in the Indian Ocean disputed by the UK and Mauritius, in the 1960s and 1970s.

The island was then used by the United States as a military base.

Judges at the International Court of Justice (ICJ), in The Hague, said on Monday that the UK's detachment of the islands and their incorporation into the British Indian Ocean Territory was 'unlawful'.

The UK's ongoing administration is a 'wrongful act', according to an advisory opinion given by the court, which is not binding.

The Chagos Islands were first conceded to Britain in 1965 during Maurituis' campaign for independence - which was granted in 1968.

But Mauritius claims it was forced to give up the islands and the ICJ has advised the UK to hand back control.

The ICJ said: 'The court finds that the process of decolonisation of Mauritius was not lawfully completed when that country acceded to independence and that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.'

The UK agreed a package including £3 million with Mauritius for the detachment of the archipelago in 1965.

Chagossians were forcibly removed between 1967 and 1973 to make way for a US military facility on Diego Garcia, the largest island in the group.

Mauritius, which gained independence in 1968, maintains the islands are its own and Chagossians have also brought cases in British courts for the right to return.

A spokeswoman for the Foreign and Commonwealth Office said: 'This is an advisory opinion, not a judgment. Of course, we will look at the detail of it carefully.

'The defence facilities on the British Indian Ocean Territory help to protect people here in Britain and around the world from terrorist threats, organised crime and piracy.'

The ICJ said the opinion the UK should ends its administration was given with a majority of 13 votes to one.

Another part of its advisory opinion which said 'member states are under an obligation to co-operate with the United Nations in order to complete the decolonisation' was given with the same majority.

'After recalling the circumstances in which the colony of Mauritius agreed in principle to such a detachment, the court considers that this detachment was not based on the free and genuine expression of the will of the people concerned,' the ICJ said.

The resettlement of Mauritian nationals on the islands should be 'addressed by the General Assembly' during the completion of decolonisation, it added.

About 2,000 people were evicted from the islands, with many resettling in Britain, Mauritius and Seychelles.

The UK has said the islands will be returned to Mauritius when the need for military facilities ends.

Rosa Curling, a solicitor with law firm Leigh Day, who represents Solange Hoareau, a Chagossian woman fighting a legal battle to return, said: 'We are considering the judgment carefully with our client, but clearly the UK should stop breaching international law.

'The time has come to allow the islanders to return home.' </s> UNITED NATIONS (Sputnik) — The ICJ is requested to provide an advisory opinion on whether "the process of decolonization of Mauritius [was] lawfully completed when Mauritius was granted independence in 1968, following the separation of the Chagos archipelago from Mauritius."

Moreover, the General Assembly is seeking the ICJ to clarify the consequences under international law that arise from the "continued administration by the United Kingdom of Great Britain and Northern Ireland of the Chagos Archipelago."

Speaking to the General Assembly before the vote, UK Ambassador to the United Nations Matthew Rycroft recalled that "the General Assembly has not concerned itself with this matter for decades… today’s debate has been called for other reasons."

Rycroft then explained the ICJ request is "an attempt by the Government of Mauritius to circumvent a vital principle: the principle that a state is not obliged to have its bilateral disputes submitted for judicial settlement without its consent," adding that the United Kingdom does not and would not give that consent.

The Chagos archipelago is a group of seven atolls comprising more than 60 individual tropical islands in the Indian Ocean and is officially part of the British Indian Ocean Territory.

In 1960s, several thousands of native Chagossians were forcibly deported from the island of Diego Garcia as the United Kingdom secretly leased the archipelago and detached it from Mauritius to make way for US ships and aircraft.

Islanders say the reserve, if created, would effectively ban them from returning. </s> The United Nations' top court said the United Kingdom's colonization of its Chagos Islands in the Indian Ocean, which are claimed by Mauritius, was unlawful and on Monday advised it to immediately cease its administration of the overseas territory, which hosts a strategically important United States military base.

In a non-binding ruling, judges at the International Court of Justice in the Hague said the UK unlawfully detached the Chagos Archipelago from its former colony Mauritius in 1965 just three years before the nation gained independence. </s> The United Kingdom must end its administration of the Chagos Islands “as rapidly as possible”, the United Nations’ highest court has said.

Britain forcibly evicted people from the Chagos Archipelago, a sovereignty in the Indian Ocean disputed by the UK and Mauritius, in the 1960s and 1970s so the United States could build a military base.

Judges at the International Court of Justice, in The Hague, said on Monday that the UK’s detachment of the islands and their incorporation into the British Indian Ocean Territory was “unlawful”.

The UK’s ongoing administration is a “wrongful act”, according to an advisory opinion given by the court, which is not binding.

The ICJ said: “The court finds that the process of decolonisation of Mauritius was not lawfully completed when that country acceded to independence and that the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible.”

The UK agreed a package including £3 million with Mauritius for the detachment of the archipelago in 1965.

Chagossians were forcibly removed between 1967 and 1973 to make way for a US military facility on Diego Garcia, the largest island in the group.

Mauritius, which gained independence in 1968, maintains the islands are its own and Chagossians have also brought cases in British courts for the right to return. Louis Olivier Bancoult, leader of the Chagos Refugee Group at court in London in 2015 (PA)

The ICJ said the opinion the UK should ends its administration was given with a majority of 13 votes to one.

Another part of its advisory opinion which said “member states are under an obligation to co-operate with the United Nations in order to complete the decolonisation” was given with the same majority.

“After recalling the circumstances in which the colony of Mauritius agreed in principle to such a detachment, the court considers that this detachment was not based on the free and genuine expression of the will of the people concerned,” the ICJ said.

The resettlement of Mauritian nationals on the islands should be “addressed by the General Assembly” during the completion of decolonisation, it added.

About 2,000 people were evicted from the islands, with many resettling in Britain, Mauritius and Seychelles.

The UK has said the islands will be returned to Mauritius when the need for military facilities ends.- Press Association </s> A dispute between the UK and Mauritius over disputed island territory in the Indian Ocean is to be referred to the International Court of Justice (ICJ).

The UN General Assembly voted by 94 countries to 15 that The Hague should examine the legal status of the Chagos Islands.

The former British colony used to be part of Mauritius but was detached in 1965 and is now home to a US airbase.

The Foreign Office said it would be an "inappropriate" use of the ICJ.

"This is a disappointing outcome," a Foreign Office spokesman said: "Sovereignty of the British Indian Ocean Territory is clearly a matter for the UK and Mauritius to resolve ourselves.

"Taking this dispute to the International Court of Justice is an inappropriate use of the ICJ mechanism."

Mauritius, which gained independence from Britain in 1968, argues that the UK broke international law when it separated off the islands before granting Mauritius its independence.

Deigo Garcia, the largest of the group of islands, was leased to the US in 1966.

Families were forced to leave the Chagos Islands in the 1960s and 1970s to make way for a US Air Force base on Diego Garcia, which is leased until 2036.

The Foreign Office said it did not recognise Mauritius's claim to sovereignty over the islands - but that it would return the islands when they were no longer needed for defence.

"We have committed to cede them to Mauritius when the territory is no longer required for defence purposes," the spokesman said.

"At present it plays an important role in regional and global security, helping to keep the UK, US and other allies, including Mauritius, safe."

The government said it would "robustly defend" its position ahead of the ICJ's decision, which would not be legally binding.

Most EU countries abstained from the vote, which BBC diplomatic correspondent James Landale described as an "embarrassing diplomatic defeat" for the UK.

He said it signalled that Britain's diplomatic clout had waned after the vote for Brexit.

In 2015, the UK Supreme Court denied a legal challenge by former islanders to return to Chagos after being removed more than 40 years ago.

The court rejected claims that islanders suffered a "significant injustice" by being forcibly removed from their homeland. </s> Will Britain eventually give up control of the Chagos Islands to Mauritius? Will the Chagosians one day leave exile and return home? The International Court of Justice (ICJ) on Monday delivered a judgement that could alter the dynamics in the decades old custodianship battle.

The top court at the United Nations advised Britain to hand over the islands that host a United States base, ‘as rapidly as possible’.

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.

“The choice we were faced with was no choice at all: it was independence with detachment (of the Chagos archipelago) or no independence with detachment anyway,” elder statesman Anerood Jugnauth told the 14-judge panel.

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

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

Defending its hold on the islands, Britain said the Diego Garcia military base, which has been used to bomb Iraq and Afghanistan, protected people around the world.

ICJ said in a legal opinion that Britain had illegally split the islands from Mauritius before independence in 1968, after which the entire population of islanders was evicted.

“The United Kingdom’s continued administration of the Chagos Archipelago constitutes a wrongful act,” chief judge Abdulqawi Ahmed Yusuf said.

“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 the decolonisation of its territory.”

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

Previously such opinions include one on Israel’s West Bank barrier in 2004, which judges said was illegal, and declaring legal Kosovo’s declaration of independence in 2010.

Mauritius and the exiled Chagossians reacted with delight to the opinion delivered by judges in The Hague, which is non-binding but will carry heavy symbolic and political weight.

Mauritius Prime Minister Pravind Jugnauth hailed a “ historic moment for Mauritius and all its people”.

“Our territorial integrity will now be made complete, and when that occurs, the Chagossians and their descendants will finally be able to return home,” he said in a statement.

Olivier Bancoult, chairman of the Mauritius-based Chagos Refugees Group, told reporters outside court that he was “so happy”.

“It is a big victory against an injustice done by the British government for many years. We people have been suffering for many years — I am so lucky today,” he said.

A US official said Washington saw the case as “purely a bilateral dispute” between Britain and Mauritius. But he questioned the authority of the court, saying that issues should be resolved through negotiations between governments.

“It is inappropriate to seek to use the court’s advisory function to settle disputes between states,” the State Department official said in Washington.

Colonial power Britain split off the islands from Mauritius, which lies around 1,200 miles (2,000 kilometres) away, three years before Port Louis gained independence in 1968. It also paid Mauritius three million pounds.

Between 1968 and 1973 around 2,000 Chagos islanders were evicted, to Britain, Mauritius and the Seychelles, to make way for a military 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 and played a key 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.

The ICJ opinion 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.

Mauritius’ lawyer Philippe Sands said there was “no wiggle room” in the judges’ view and that Britain would resist pressure to comply.

“I suspect the United Kingdom will say to itself, what resistance can we put up to moving forward — and particularly in the context of Brexit, as the United Kingdom finds itself a little bit isolated in the world,” he told reporters outside court.

“The defence facilities on the British Indian Ocean Territory help to protect people here in Britain and around the world from terrorist threats, organised crime and piracy,” the Foreign and Commonwealth Office said in a statement. </s> The U.N. General Assembly voted overwhelmingly Wednesday to demand that Britain end its "colonial administration" of the Chagos Islands, which include the U.S. air base on Diego Garcia, and return them to Mauritius within six months. The 193-member world body approved a resolution supporting an advisory opinion in February by the International Court of Justice that the Indian Ocean island chain be given back to Mauritius. The vote was 116-6 in favor, with 56 abstentions. The General Assembly resolution, like the court's ruling, is not legally binding but it does carry weight since the ruling came from the U.N.'s highest court and the assembly vote reflects world opinion.

The court said in its opinion that Britain had unlawfully carved up Mauritius, which the Chagos Archipelago was a part of, in 1965 when Mauritius was a British colony. It said that "the United Kingdom is under an obligation to bring to an end its administration of the Chagos Archipelago as rapidly as possible."

Mauritius Prime Minister Pravind Kumar Jugnauth said the court established the right of the people of Mauritius to self-determination which the U.K. violated "by excising the Chagos Archipelago" without their consent. He said all nations, including the United Kingdom, are obligated to comply with international law. Britain evicted about 2,000 people from the Chagos Archipelago in the 1960s and 1970s so the U.S. military could build the air base on Diego Garcia. Many resettled in the U.K. and have fought in British courts to return to the islands.
The International Court of Justice (ICJ), the highest court of the United Nations, rules that the United Kingdom should end its control of the Chagos Archipelago "as rapidly as possible". Mauritius claims the archipelago was unlawfully separated from the island nation in 1965.